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2013 DIGILAW 945 (PAT)

Umesh Mahto @ Umesh Kumar Singh v. State of Bihar

2013-08-06

ANJANA PRAKASH

body2013
ORDER The Petitioners seek quashing of the entire proceeding including the order of non-discharge dated 08.02.2007 passed in T.R. No.557 of 2007 arising out of C.R. 1082 of 1994 by Sri V.N. Singh, Judicial Magistrate, 1st Class, Darbhanga as also the order dated 21.05.2009 passed by 1st Addl. Sessions Judge, Darbhanga in Cr. Revision No. 97 of 2009 by which he has affirmed the said order. 2. The case of the Complainant is that he had purchased a certain piece of land from one Ram Lakhan Sah in an auction sale by Civil Court in an execution proceeding against the landed property of one Laldhari Mahto. Thereafter Ram Lakhan Sah had given the land to the Complainant in the year 1981. Laldhari Mahto i.e. father of the Petitioners used to pressurize him to execute a sale-deed in respect of the land but the Complainant had refused to do so. On his denial the accused persons came armed to him and threatened him for which Jalley P.S. Case No. 64 of 1994 was instituted on 22.11.1994. Once again the accused persons came variously armed and started to harvest the crop and committed theft on which the present Complaint has been filed. 3. The submission of the Petitioner is that fact of the matter was that the Complainant or his vendor have no concern with the land in question and a false claim has been built up to assert their right over it. A Money Suit No.2 of 1966 was filed by Ram Lakhan Sah, the alleged vendor of the Complainant against Lal Dhari Mahto, Manoj Mahto and other minor sons of Laldhari Mahto and others for realization of a sum of Rs.2779.75/- which was decreed in their favour on 05.01.1968. Ram Lakhan Sah again filed Money Execution Case No.3 of 1968 against Laldhari Mahto who appeared before the Court and directed not to go upon the said land. The Money Execution No.3 of 1968 was thereafter dismissed for default, when yet another execution case was filed by Ram Lakhan Sah. Thus, it appears that on account of bona fide land dispute the present Complaint has been filed in the background of a Title Suit No.85 of 1997 for the same cause of action. 4. On the last occasion, notice was issued to O.P. No.2 but none appears on his behalf. 5. Thus, it appears that on account of bona fide land dispute the present Complaint has been filed in the background of a Title Suit No.85 of 1997 for the same cause of action. 4. On the last occasion, notice was issued to O.P. No.2 but none appears on his behalf. 5. Considering the background facts of the case, the application is allowed and the entire proceeding including the order of non-discharge dated 08.02.2007 passed in T.R. No.557 of 2007 arising out of C.R. 1082 of 1994 by Sri V.N. Singh, Judicial Magistrate, 1st Class, Darbhanga as also the order dated 21.05.2009 passed by 1st Addl. Sessions Judge, Darbhanga in Cr. Revision No. 97 of 2009 is hereby quashed.