Patna High Court – Orders
Neeraj Ambastha vs The State Of Bihar on 10 June, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38417 of 2025
Arising Out of PS. Case No.-825 Year-2013 Thana- COMPLAINT CASE - DANAPUR
District- Patna
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Neeraj Ambastha S/o Amarendra Kumar Ambastha R/o A-236 Peoples Co-
operative Colony, P.S.- Kankarbagh, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Suresh Kumar Yadav S/o Ganauri Singh R/o Mohalla- Karbigahiya, P.S.-
Jakkanpur, Distt- Patna
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 10-06-2025
Heard learned counsel for the parties.
2. The prsent application has been filed for quashing
of the order dated 26.08.2013 passed in Complaint Case No.
825(C) of 2013 by the learned Sub Divisional Judicial
Magistrate, Danapur, Patna by which the learned Sub Divisional
Judicial Magistrate has taken cognizance for the offences under
Sections 420, 467, 468, 471, 323, 384, 504 and 34 of Indian
Penal Code.
3. Petitioner claims to be the purchaser of the land for
value from its rightful owner by virtue of registered sale deed
dated 17.02.2011. The land purchased by the petitioner is
situated in Tauzi No. 5553, Khata No. 112, Plot No. 2472 under
Patna High Court CR. MISC. No.38417 of 2025(2) dt.10-06-2025
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Thana No. 20 at Mauza-Dhanaut, P.S.-Danapur, District-Patna
admeasuring 2 Kattha 18 Dhur 7 Dhurki. The sale deed was
executed by vendor Nathun Singh who had purchased the
subject land in the year 1974 and 1975 through two registered
Sale Deeds. The petitioner after purchase from Nathun Singh
mutated the same in his favour and has been paying rent
regularly.
4. Learned counsel for the petitioner submits that a
vexatious complaint has been lodged by own brother of the
vendor (Nathun Singh) claiming that the land purchased by the
petitioner falls in his share after the family partition amongst the
brothers. Learned counsel further submits that upon bare
reading of the complaint, no offence under Section 467, 468
much less under Section 420 is made out against the petitioner.
A malafide and vexatious complaint has been filed against the
petitioner and others for taking vengeance and with ulterior
motive. A civil dispute between the complainant and his brother
Nathun Singh has been given the color of criminal case in which
petitioner, who is a bonafide purchaser, has falsely been
implicated with malice intention. The petitioner was never
served any summon and/or warrant and he came to know about
the present case from co-accused Lal Chand Yadav in May,
Patna High Court CR. MISC. No.38417 of 2025(2) dt.10-06-2025
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2025.
5. Considering the aforesaid, issue notice to the
opposite party no. 2 by both processes i.e. ordinary as well as
registered cover/speed post with A/D for which requisites etc.
must be filed within two weeks from today failing which this
application shall stand dismissed without further reference to a
Bench.
6. List this case, under appropriate heading on
21.07.2025.
7. In the meantime, further proceedings of Complaint
Case No. 825(C) of 2013, pending before learned Sub
Divisional Judicial Magistrate, Danapur, Patna, shall remain
stayed qua the petitioner and no coercive steps shall be taken
against the petitioner.
8. Let the defect(s) as pointed out by the Office be
removed within a period of three weeks.
(Anil Kumar Sinha, J.)
priyanka/-
U T