High Court Patna High Court - Orders

Bipin Kumar Chaudhary & Anr vs State Of Bihar & Anr on 21 July, 2011

Patna High Court – Orders
Bipin Kumar Chaudhary & Anr vs State Of Bihar & Anr on 21 July, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr.Misc. No.37908 of 2008
                          Bipin Kumar Chaudhary & Anr
                                      Versus
                               State Of Bihar & Anr
                                     -----------

2 21.7.2011 Heard learned counsel for the petitioners and the

counsel appearing on behalf of the State.

The allegation in the complaint petition is that the

petitioners have got a sale deed executed in their favour by Lalan

Choudhary @ Ram Niranjan Choudhary.

Learned counsel for the petitioners submits that

complainant Lalan Choudhary @ Ram Niranjan Choudhary was

living with accused nos. 1 and 2 for years together. Finally, he

executed a sale deed in their favour. According to the

complainant, the petitioners had threatened him with his life and

got the sale deed executed. It is further submitted that the only

remedy available for Lalan Choudhary @ Ram Niranjan

Choudhary is to file a case for setting aside the sale deed. It has

been pointed out that the brother of the complainant has also filed

a similar case alleging that his brother has executed a sale deed in

favour of the petitioners by pressurizing the complainant to

execute the sale deed.

Issue notice to opposite party no. 2 by ordinary

process. A copy of notice should also be filed in the office of this

Court to be served on the counsel appearing on behalf of opposite

party no. 2 in Complaint Case No. 345 of 2008 through the Court

of the Sub-divisional Judicial Magistrate, West Muzaffarpur.
2

Requisites etc. for which must be filed within a period

of one week failing which this application shall stand dismissed

without further reference to a Bench.

List this case on appearance of opposite party no. 2.

In the mean time, further proceedings in the aforesaid

case shall remain stayed subject to the fact that the trial has not

commenced in this case.

Sanjay                                           ( Sheema Ali Khan, J.)