IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29487 of 2008
Barho Prasad, son of Late Ramdeo Mahto, Mohalla Ramna, Sherghati, Ps Sherghati, Dist. Gaya –
Petitioner.
Vs.
1) The State of Bihar,
2) Chandradeo Prasad, son of Late Ram Prasad Lal, village Nariyahi, PS Anchal, Gurua,
Dist. Gaya – Opp. Parties.
22.6.2011 The petitioner has challenged the order of cognizance,
2
dated 18.1.2008 for the offences alleged to have been committed
under sections 148, 323, 379, 384 and 452/504 of the Penal Code.
The grounds of challenge are that the complainant
opposite Party no. 2 has been consistently making efforts to
somehow or the other grab the land allegedly belonging to the
petitioner. It has been submitted that several cases have been filed
by opposite party no.2 under sections 107, 144 and 188 of the
Code of Criminal Procedure. There is also a title suit pending for
the land in question where the occurrence is supposed to have
taken place. The defence of the petitioner is that no such
occurrence took place and that if it is presumed that such
occurrence took place, the petitioner has the right to defend his
property which is in his possession
These aspects of the matter cannot agitated at this
stage of the case. The petitioner will have the liberty to raise these
issues at the appropriate stage of the case.
This application is, thus, disposed of.
haque ( Sheema Ali Khan, J.)