Banshidhar Singh @ Banshi Dhar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4935 of 2024 Arising Out of PS. Case No.-1 Year-2018 Thana- SC/ST District- Rohtas ====================================================== 1.
Banshidhar Singh @ Banshi Dhar Singh Son of Rama Kant Singh @ Ramakant Singh @ Rama Kant Rai @ Ramakant Rai Resident of VillageChamp (Chanp), P.S.- Akhodhigola, Distt.- Rohtas 2.
Vishnu Shnaker Singh @ Vishnu shankar Singh @ Bishnu Shankar Singh Son of Sri Banshidhar Singh @ Banshi Dhar Singh Resident of VillageChamp (Chanp), P.S.- Akhodhigola, Distt.- Rohtas 3.
Uma Shanker Singh @ Uma Shankar Singh @ Aku Singh Son of Sri Murlidhar Singh @ Murli Dhar Singh Resident of Village-Champ (Chanp), P.S.- Akhodhigola, Distt.- Rohtas 4.
Shakti Shanker Singh @ Shakti Shankar Singh @ Hanuman Singh Son of Sri Murlidhar Singh @ Murli Dhar Singh Resident of Village-Champ (Chanp), P.S.- Akhodhigola, Distt.- Rohtas 5.
Bhola Shanker Singh @ Bhola Shankar Singh @ Bhola Singh Son of Sri Banshidhar Singh @ Banshi Dhar Singh Resident of Village-Champ (Chanp), P.S.- Akhodhigola, Distt.- Rohtas 6.
Murlidhar Singh @ Murli Dhar Singh Son of Rama Kant Singh @ Ramakant Singh @ Rama Kant Rai @ Ramakant Rai Resident of VillageChamp (Chanp), P.S.- Akhodhigola, Distt.- Rohtas 7.
Shubham Singh Son of Pintu Singh Resident of Village-Champ (Chanp), P.S.- Akhodhigola, Distt.- Rohtas 8.
Labham Singh Son of Pintu Singh Resident of Village-Champ (Chanp), P.S.- Akhodhigola, Distt.- Rohtas ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Umseh Ram @ Umesh Paswan Son of late Ram Brij Ram Resident of Village-Champ (Chanp), P.S.- Akhodhigola, Distt.- Rohtas ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Manish Kumar No 13, APP For the Respondent/s :
Mr.Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-02-2025 Learned counsel for the appellants undertakes to remove the defects pointed out by the office.
2. Heard Mr. Manish Kumar No. 13 for the appellants
Patna High Court CR. APP (SJ) No.4935 of 2024(4) dt.17-02-2025 2/3 and Mr. Sadanand Paswan, Special PP.
3. The present appeal has been filed for:- "That the present memo of appeal is being filed on behalf of the appellants for quashing the order dated 16/05/2023 passed by learned Additional District & Sessions Judge -17-Cum-Special Judge SC/ST. Rohtas at Sasaram, in connection with C.I.S.
No./Reg. Case No.- 02 of 2018 arising out of SC/ST (Dehri) P.S. Case No. 01 of 2018 dated 01/01/2018, whereby and where under the prayer made on behalf of the appellants for discharge has been arbitrarily and mechanically rejected and it was observed that prima-facie case is made out under sections 341. 323, 504 & 506 of the Indian Penal Code and under section 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act"
4. Learned counsel for the appellants, after some argument, submits that both being of the same village, shall try to concentrate on the Title Suit pending before the court below
Patna High Court CR. APP (SJ) No.4935 of 2024(4) dt.17-02-2025 3/3 instead of fighting it out on the criminal side.
5. This Court is also of the opinion that if there is any land dispute, it is always advisable to take the same to the conclusion instead of taking the law in their own hand which is harmful for both the parties.
6. Appreciating the stand taken by the learned counsel for the appellants that he wants peace of mind for both sides, permission to withdraw the appeal is accorded.
7. Accordingly, the same is disposed of as withdrawn. (Rajiv Roy, J) perwez U T