High Court Patna High Court - Orders

Vivekanand Singh &Amp; Ors vs State Of Bihar on 11 February, 2011

Patna High Court – Orders
Vivekanand Singh &Amp; Ors vs State Of Bihar on 11 February, 2011
                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                          Cr.Misc. No.34241 of 2007
    1. VIVEKANAND SINGH, SON OF SHRI RAMANAND SINGH, RESIDENT OF
        VILLAGE KHARARI, P.S. HAYAGHAT, DISTRICT DARBHANGA, PRESENTLY
        RESIDING AT VILLAGE KANKHARIA, P.S. HATHAURI, DISTRICT SAMASTIPUR.
    2. RAJNEESH KUMAR SINGH, SON OF VIVEKANANDA SINGH, RESIDENT OF
        VILLAGE KHARARI, P.S. HAYAGHAT, DISTRICT DARBHANGA, PRESENTLY
        RESIDING AT VILLAGE KANKHARIA, P.S. HATHAURI, DISTRICT SAMASTIPUR.
    3. MOHAN KUMAR SINGH, SON OF VIVEKANANDA SINGH, RESIDENT OF
        VILLAGE KHARARI, P.S. HAYAGHAT, DISTRICT DARBHANGA, PRESENTLY
        RESIDING AT VILLAGE KANKHARIA, P.S. HATHAURI, DISTRICT SAMASTIPUR.
    4. RAJU KUMAR SINGH, SON OF VIVEKANANDA SINGH, RESIDENT OF VILLAGE
        KHARARI, P.S. HAYAGHAT, DISTRICT DARBHANGA, PRESENTLY RESIDING
        AT VILLAGE KANKHARIA, P.S. HATHAURI, DISTRICT SAMASTIPUR.
    ---------------------------------------------------------------------------------------------- PETITIONERS

                                                   Versus
    1. THE STATE OF BIHAR.
    2. MANOJ KUMAR SINGH, SON OF LATE JAMUNA PRASAD SINGH, RESIDENT OF
        VILLAGE KANKHARIA, (KHARARI), P.S. HATHOURI, DISTRICT SAMASTIPUR.
    -------------------------------------------------------------------------------------- OPPOSITE PARTIES

    For the petitioners :-       Mr. Brij Nandan Prasad, Advocate
    For the State       :-       Mr. A.M.P. Mehta, A.P.P.
                                              ********

7 11.2.2011 Heard learned counsel for the petitioners and the

counsel appearing on behalf of the State. The petitioners have

challenged the order dated 21.11.2006 by which cognizance has

been taken under Sections 323, 504, 379 and 380 of the Indian

Penal Code. The allegations against the petitioners are that they

had demanded ‘Rangdari’ from the informant and had also

snatched away golden chain from the neck of the informant’s wife.

It is specifically alleged that Rajneesh Kumar Singh took away Rs.

30,000/- from the shop of the informant. The investigating

authority found the case false as far as allegations under Sections

379 and 320 of the Indian Penal Code is concerned and submitted

charge sheet under Sections 323 and 504 of the Indian Penal Code.
2

The Additional Chief Judicial Magistrate, Rosera, District

Samastipur, however, differed with the opinion of the

Investigating Officer and took cognizance against the petitioners

for offences of theft as well.

Learned counsel for the petitioners submits that there

is a title suit pending between the informant and the petitioners

who are agnates with respect to a house under construction, which

has led to filing several criminal cases between the parties. It is

also submitted that the allegations of theft are ornamental and no

occurrence took place as mentioned in the First Information

Report.

The petitioners would have the liberty to raise these

questions at the relevant time. However, this Court does not think

it proper to interfere with the order taking cognizance at this stage.

This application is thus, dismissed.

Sanjay                                           ( Sheema Ali Khan, J.)