Patna High CourtCR. MISC./32337/2014dismissed

Shambhu Nath Jha And ORS v. State Of Bihar And ANR

2017-08-01Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32337 of 2014 Arising Out of PS.Case No. -343 Year- 2013 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Shambhu Nath Jha Son of Late Bambhola Jha

2. Bina Devi Wife of Shambhu Nath Jha

3. Piriti Devi Wife of Pankaj Kumar Jha

4. Binod Jha Son of Lat Bam Bhola Jha

5. Pankaj Kumar Jha @ Nunu Jha Son of Shambhu Nath Jha, All are resident of Village- Kharail Malhad Punarwas, Ward no. 1, P.S.+ District- Supaul.

6. Iatyanand Kaushal Son of Narayan Sah resident of Ward No. 24, P.S.+ District- Supaul.

.... .... Petitioners

Versus

1. The State of Bihar

2. Laxman Yadav Son of Late Udit Lal Yadav Resident of Village- Kharil, Malhad Puranwas, Ward No. 1, P.S.+ District- Supaul. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-08-2017 Heard learned counsel for the parties.

It is submitted by learned counsel for the petitioners that there is a land dispute between both sides and earlier in the year 2012 one of the petitioners had filed a complain against the present complainant so in order to wreck vengeance, the present case has been filed maliciously.

Both the alleged offences relating to both complaint petitions are distinct and separate occurrences. In the present case there is allegation of assault and commission of theft for which cognizance has been taken and the truthfulness or falsity of the

Patna High Court Cr.Misc. No.32337 of 2014 (6) dt.01-08-2017 2 / 2 same requires to be ascertained only in the trial so there is no any ground for interference in the order of cognizance dated 15.02.2014, passed by learned S.D.J.M., Supaul in Complaint Case No.343C of 2013.

The petition stands dismissed.

(Arun Kumar, J.) S.Kumar/- U T