Patna High CourtCR. MISC./1720/2013allowed

Nawal Kishore Roy And ORS. v. State Of Bihar And ANR

2015-09-14Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1720 of 2013 Arising Out of Complaint Case No. 71 Year- 2011 Thana -BHAGALPUR COMPLAINT CASE District- - ===========================================================

1. Nawal Kishore Roy S/O Late Jagdambi Roy

2. Munna Roy

3. Sajjan Roy Both S/O Nawal Kishore Roy Resident Of Village- Makandpur, P.S.- Akbarnagar, Dist.- Bhagalpur

4. Nageshwar Prasad Roy S/O Late Chakradhar Roy Resident Of VillageMakandpur, P.S.- Nathnagar, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Ram Niranjan Roy S/O Ram Gulam Roy Resident Of Village- Makandpur, P.S.- Akbarnagar, Dist.- Bhagalpur.

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

For the Petitioner/s : Mr. Mirtunjay Pd. Singh, Adv. For the State : Mr. Uma Nand Mishra, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 14-09-2015 Heard learned counsel for the Petitioners and the State. The Petitioners seek quashing of the order of cognizance dated 29.8.2012 passed by the Judicial Magistrate, Bhagalpur, in Complaint Case No. 71 of 2011 instituted on the basis of a protest petition.

The case of the Informant/Complainant was that the accused persons in collusion with each other had prepared a certain deed of agreement which was evidently false.

The submission of the Petitioners is that initially, a

Patna High Court Cr.Misc. No.1720 of 2013 dt.14-09-2015 2/2 First Information Report was instituted on the basis of allegations which on investigation was found to be false and, hence, Final Report was submitted. However, the case proceeded on protest-cumComplaint Petition. He submits that Title suit filed on behalf of the Opposite Party No. 2 has already been dismissed. On the other hand, the counsel for the Complainant submits that since in the facts of the Complaint, a criminal offence would be made out, they should be put on Trial. Considering that evidently a civil dispute is made out in the facts of the case, the application is allowed and the Proceeding including the order of cognizance dated 29.8.2012 passed by the Judicial Magistrate, Bhagalpur, in Complaint Case No. 71 of 2011, is hereby set aside.

(Anjana Prakash, J) S.Ali/- U T