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Patna High CourtCR. MISC./76088/2019bail rejected

Ravi Ranjan v. The State Of Bihar

2019-12-02Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76088 of 2019 Arising Out of PS. Case No.-3257 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RAVI RANJAN S/o Janardan Prasad Resident of Mohalla- Eastern Ram Krishna Nagar, P.S.- Ram Krishna Nagar, District- Patna. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Arun Kumar Sinha @ Arn Kumar Sinha Son of Late Harihar Prasad R/o Mohalla- Rai Hassanpur Chaintola, Bhikhna Pahari, P.S.- Kadam Kuan Patna in the District of Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-12-2019 Heard learned senior counsel for the petitioner and learned counsel for the State.

The instant petition, under Section 482 of the Code of Criminal Procedure, 1973 ( for short 'the Code') has been filed for quashing the order dated 27.02.2018 passed by learned A.C.J.M. VI, Patna in Complaint Case No. 3257 (c ) /2017 whereby process had been directed to be issued against the petitioner and other accused persons to face trial for offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

It is submitted by the learned senior counsel appearing for the petitioner that the dispute between the parties is

Patna High Court CR. MISC. No.76088 of 2019(2) dt.02-12-2019 2/2 predominantly civil in nature in respect of land related transactions. In fact, the petitioner has also lodged cases against the complainant and the instant proceedings in Complaint Case No. 3257 ( c) of 2017 are false and mala fide. The submissions, based on factual denial, for the purposes of exercise of jurisdiction U/s 482 of the Cr. P.C., cannot be examined. The complainant has been examined on oath and three witnesses have supported the case in the complaint petition. The photo copy of the documents with hand writing Expert have also been annexed with the complaint petition. The fact that the allegations are false is an issue which is yet to be determined at the trial.

Considering the aforesaid circumstances, this Court is not inclined to exercise the jurisdiction on the application filed by the petitioner.

The application is dismissed.

(Madhuresh Prasad, J) shyambihari/- U T