of the Indian Penal Code (in short the ‘I.P.C.’).
3. A Notice was issued to opposite party no. 2/
complainant namely, Prabhash Chandra Sah, which was duly
served upon him and was represented before this Court
through advocate of his choice.
4. Precisely, the case of the complainant as it
appears from the narration of his complaint, that he had been
carrying out his business of fruits and coconuts for many
years in his shop situated in Girdhari Sah Lane, Sujaganj,
Bhagalpur, which was purchased by him with his three
brothers through a registered sale deed in the year 1999 from
Hirendra Prasad Sah and Mahendra Prasad Sah. It further
appears from narration of complaint that petitioner being one
of the influential and rich person of the locality and being
owner of Girdhari Sah Hatia, with intention to grab his shop,
first offered O.P. No.2 to sale the shop but when he refused to
do so, petitioner along with his associates began to harass
him and in furtherance of that began to dig a trench adjacent
to his shop as to get it demolished. It was further alleged that
when the trench was dug upto depth of 10 ft., having
Patna High Court CR. MISC. No.17078 of 2020 dt.04-03-2025
apprehension of demolition of his shop building, he informed
S.H.O. Kotwali and S.S.P. Bhagalpur in writing, but no action
was taken by the police.
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