Harbansh Narayan Pandey @ Haribansh Narayan Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33024 of 2014 Arising Out of PS.Case No. -2734 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA =========================================================== Harbansh Narayan Pandey @ Haribansh Narayan Pandey S/o Late Baijnath Panday r/o Vill. +P.O.- Ganguli , P.S.-Semari , Distt. -Buxar ,at persent residing at Flat No. 12.Jagat Ambika Apartment , Brahamsthan Road ,Sheikhpura,P.S.-Shastri Nagar, Distt. Patna.

.... .... Petitioner

Versus

1. The State of Bihar

2. Sri Ramji Singh, son of Late Brahmadeo Raut, Managing Director, Apoorva Radha Complex, Mohalla - SriKrishnapuri, Boring Road, P.S. - Sri Krishnapur, District- Patna.

.... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mr. Nikesh Kumar, Advocate For the State : Mr. Pranav Kumar, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 03-08-2017 Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of opposite party no.2 on quashing application filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973.

2. The petitioner is one of the accused in Complaint Case No.2734 (C) of 2013 and has filed this application for quashing order dated 28.1.2014 passed in the said case by Judicial Magistrate, Ist Class, Patna thereby taking cognizance in the matter under Sections 379, 384, 501 and 506 of the Indian Penal Code.

2/5 3.

The brief fact as stated in the complaint petition is that the complainant a builder was constructing a multi storied commercial un-residential complex which was not liked by accused nos.2 to 4. They conspired with the local Executive Officer of the Municipality another coaccused filed objection petition before him for cancellation plan map of the complainant. The sanctioned map plan was cancelled by the Executive Officer. The complainant preferred appeal against that order before Municipal Building tribunal, Patna which was admitted and order of Executive Officer was stayed. The Executive Officer get a communiqué published in local news paper at State's cost to damage goodwill and reputation or the complainant and to cause wrongful loss to him.

Thereafter Executive Officer wrote an official letter to police to stop construction activities. The complainant sent a legal notice to accused persons.

3/5 Kishore Prasad the then Executive Officer of the Municipality. Further allegation is that Om Prakash Srivastava snatched away complainant's bag containing Rs.25,000/- and valuable documents and the allegation against the petitioner is that he also snatched away a file from the hand of a witness Shyam Babu Paswan in which some important documents of the office were kept. 4.

It is submitted by learned counsel for the petitioner that the petitioner has retired from the post of Joint Secretary of the State Government and is having a plot adjacent to the plot where the complainant was making construction of commercial complex against building byelaw and he was also intending to encroach the adjacent land of the petitioner so filed an application for cancellation of the map plan of the complainant before the concerned Executive Officer, the sanctioning authority. Against the said cancellation order, they preferred appeal under the Bihar Municipality Act before the Chairman, Appellate Tribunal and the appeal filed by the complainant too was dismissed by order dated 15.9.1940 passed by the Appellate Authority. 5.

In this background, specific allegation against the petitioner is that he snatched a file from Shyam

4/5 Babu Paswan a witness of the complaint case. However, during the enquiry, one of the witnesses in his statement Uday Yadav has stated that he snatched away file from Ramji Singh. It is also submitted that even at the relevant day, he was in Delhi and proceeded from Rajdhani Express whereas learned counsel appearing on behalf of opposite party no.2 submits that all accused persons conspired and having common intention though specific allegation against the petitioner is of snatching a file from the hand of Shyam Babu Paswan so prima facie case against him is also made out.

6.

Having considered rival submissions and on perusal of record, the Court is of the view that present allegation as levelled in the complaint against the petitioner appears malicious in nature because he objected the construction of the multi storied commercial cum residential complex of the complainant as plot of the petitioner was adjacent to it and filed a petition before Executive Officer of Nagar Parishad the sanctioning authority for cancellation of the map plan and finding substance in objection the sanctioning authority cancelled the map plan of commercial cum residential complex of the complainant. Moreover, the

5/5 appeal preferred by the complainant against the said order too was dismissed by the Appellate Authority. In the backdrop of these facts allegation of snatching a file from a witness of the complainant appears malicious, so for the said reason, the entire criminal proceeding including the cognizance order dated 28.1.2014 passed in Complaint Case No.2734 (C) of 2013 only against the petitioner pending in the court of Judicial Magistrate, Ist Class, Patna is set aside. 7.

The petition stands allowed.

(Arun Kumar, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 06-09-2017 Transmission Date 06-09-2017