Patna High CourtCR. MISC./20981/2012allowed

Ranveer Kumar @ Ranvir Kumar v. The State Of Bihar And ANR.

2015-02-16Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 20981 of 2012 Arising out of P.S. Case No. -1613(C) Year- 2001 Thana - Complaint District- PATNA ======================================================== Ranveer Kumar @ Ranvir Kumar S/o Sri Gopal Krishna Prasad Resident of Mohalla- Main Road Danapur, P.S.- Digha, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Archana Singh W/o Sri Triloki Kumar Singh Resident of MohallaC/118 Tarakunj, Police Colony, Anisabad, P.S.- Gardanibag, Dist.- Patna.

.... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar, Adv.

For the Opposite Party/s: Mr. Binod Kumar, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 16-02-2015 The Petitioner seeks quashing of the order of cognizance dated 06.10.2001 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1613(C) of 2001. The case of the Complainant is that a negotiation for purchase of a certain piece of land was held between the Accused Nos. 3 and 5 and her husband in pursuant to which she was allotted a certain piece of land. She then deposited the entire amount with the Mirachak Sahkari Grih Nirman Samiti but when they did not receive balance consideration of Rs. 20,000/- they refused to register the said land though she is ready to pay. When she went to enquire about such an act she was abused and assaulted.

Patna High Court Cr.Misc. No.20981 of 2012 dt.16-02-2015 It has been submitted that the Petitioner is neither the owner of the alleged land nor in any manner related to Accused Nos. 1 and 2 who had granted receipts to the Complainant. In the entire Complaint there is no allegation as regards the Petitioner.

On the last occasion, notices had been issued to the Opposite Party No. 2 but none appears on her behalf. Having considered the facts stated in the Complaint Petition, the proceeding including the including order of cognizance dated 06.10.2001 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1613(C) of 2001 is, hereby, set aside so far as the Petitioner is concerned. The Application stands allowed.

(Anjana Prakash, J) Vikash/- U T