Bibi Bulbul Khatoon And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53111 of 2015 Arising Out of PS.Case No. -1027 Year- 2012 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ===========================================================
1. Bibi Bulbul Khatoon, Wife of Md. Faizan Alam
2. Shree Ragubir Singh Son of Late Basant Singh
3. Ashok Singh Son of Raghubir Singh
4. Subash Singh Son of Raghubir Singh
5. Akhilesh Singh Son of Raghubir Singh
6. Kailash Singh Son of Raghubir Singh
7. Sashi Singh Son of Raghubir Singh All Residents of Village Balaha, P.S. Bihpur (Bhawanipur), District Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Maimuna Khatoon, Wife of Md. Aajbul, Resident of Village Balaha, P.S. Bihpur (Bhawanipur), District Bhagalpur.
.... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the State : Mr. S Dayal, APP For Opp.Party No. 2 : Mr. Madan Mohan : Ms. Pallavi Pandey =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 02-05-2018 Seeking quashing of an order dated 13.08.2015 passed by the Judicial Magistrate 1st Class, Naugachia, taking cognizance for offences under Sections 147, 448, 427 and 149 of the Indian Penal Code in Complaint Case No. 1027 of 2012 this application has been filed by the applicants.
On a perusal of the materials available on record it is seen that a Title Suit was filed with regard to the property in question and it is the case of the complainant that the applicants who
Patna High Court Cr.Misc. No.53111 of 2015 dt.02-05-2018 2/2 are her sisters and relatives have also sold her share of the property in an illegal manner.
On perusal of the body of the complaint it is seen that all the applicants and the complainant are members of the same family and the allegations are with regard to transfer of share in the property in question and their sale by the family members. The dispute in question is a civil dispute with regard to the share of the members in the family and no ingredients necessary for constitution a criminal offence is made out.
Accordingly, finding the complaint to be not maintainable as it is a case where a dispute civil in nature is tried to be converted into a criminal proceeding, this application is allowed. The proceedings in Complaint Case No. 1027 of 2012 pending before the court below are quashed.
(Rajendra Menon, CJ) mrl./- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date03/05/2018 Transmission Date