Bharat Prasad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18887 of 2013 Arising Out of PS.Case No. -99 Year- 2007 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ===========================================================
1. Bharat Prasad, son of Late Satya Narayan Prasad, resident of Lichi Bagan, Ward No.18, P.O. and P.S. Sitamarhi, Distt. Sitamarhi .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Nageshwar Sharma, son of Sidheshwar Sharma, resident of Ward No. 18, Ring Bandh, P.O. + P.S. Sitamarhi, Distt. Sitamarhi .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Atul Kumar Pandey, Advocate For the Opposite Party/s : Mr. Devendra Kumar, Advocate Mr. A. Ansari, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 14-09-2015 The Petitioner seeks quashing of the order of cognizance dated 07.03.2008 passed by the Judicial Magistrate, 1st class, Sitamarhi, in Complaint Case No.99 of 2007.
The case of the Complainant is that on the date of occurrence the Petitioner took away is earth soil worth `20,000/- and when he complained he was assaulted.
It has been submitted on behalf of the Petitioner that, in fact, there was a dispute over construction of road which led to institution of a proceeding under Section 144 Cr. P.C. It is in this background that the present Complaint with absurd allegation of theft appears frivolous and deserves to be set aside.
Patna High Court Cr.Misc. No.18887 of 2013 dt.14-09-2015 2/2 On the other hand, counsel for the Complainant submits that since ingredients of criminal offence is made out in the facts of the case, the Petitioner should be put on trial. Having considered the background dispute, I would be inclined to hold that the present Complaint is gross abuse of process of the Court and deserves to be set aside.
Hence, the order of cognizance dated 07.03.2008 passed by the Judicial Magistrate, 1st class, Sitamarhi, in Complaint Case No.99 of 2007, is hereby set aside.
The application stands allowed.
(Anjana Prakash, J) JA/- U T