Giving The Colour Of Criminal Case To A Civil Dispute Is An Abuse Of The Process Of The Court: Patna High Court
Citation: CR. MISC. No.21467 of 2023
Decided On: 16-10-2023
Coram: : Honourable Mr. Justice Chakradhari Sharan Singh
Introduction:
The petitioner has put to challenge in the present application filed under section 482 of the CrPC the order taking cognizance dated 26.02.2020 passed by the learned Additional Chief Judicial Magistrate-VI, Saran at Chapra in connection with Complaint Case No. 343 of 2020, by which learned ACJM- V has taken cognizance of the offences punishable under Sections 323, 420, 467, 468, 471 and 34 of the Indian Penal Code against this petitioner.
Facts:
It is the allegation made in the complaint petition of the Opposite Party that the father of accused Banaras Singh executed sale deed in favour of his mother Dhandai Devi in the year 1949 with respect to land pertaining to Khata No. 84 , Plot No. 1478 admeasuring 2 Bigha, 12 Katha 14 Dhoor, Khata No. 84, Plot No. 1514 admeasuring 1 Bigha 16 Katha 17 Dhoor, and Khata No. 85 Plot No. 1518 admeasuring 2 katha 3 Dhoor. After the total area of the land said to have been transferred by Banaras Singh was thus 4 Bigha 11 Katha and 14 Dhoor.
It is the case of opposite party that after execution of sale deed, Dhandai Devi had come in possession and thereafter the land was in possession of the complainant. The gist of allegation in the complaint petition that on 20.01.2020 accused Puran Singh declared that he had sold 7 Katha land of Khata No. 84 Plot No. 1478 at Kamalpur Petrol Pump. It is the case of the complainant that the land which belonged to the complainant was thus fraudulently purchased by this petitioner from accused Puran Singh. Nawaji Ali also got executed sale deed in his favour by Puran Singh.
Court’s Analysis and Judgement:
On close reading of the complaint petition, leaves no room for doubt, that it pure and simple civil dispute which has been given the colour of criminal case. No offence punishable under sections 323, 420, 467, 468, 471 and 34 of the Indian Penal Code is made out against this petitioner. The filing of the complaint case as against this petitioner is an abuse of the process of the court. Hence The complaint petition was quashed.
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Written By : Sushant Kumar Sharma