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2019 Supreme(Pat) 2211

SHIVAJI PANDEY
Dwarika Nath Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rajesh Mohan (in both).
For the Opp. Parties : Mr. Bhanu Pratap Singh, (in 23992); Mr. Sri Rajendra Singh Shastriji, (in 40990).

ORDER

Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Nagar Parishad.

2. In Criminal Miscellaneous No.23992 of 2013, the petitioner is challenging the First Information Report being Sheohar P.S. Case No.95 of 2013 (G.R. No.318 of 2013) registered for the offence under Sections 313, 314, 315, 316, 324, 325, 309, 215 and 336 of the Bihar Municipal Act, 2007 as well as under Section 353/506 of the Indian Penal Code.

3. So far Criminal Miscellaneous No.40990 of 2016 is related to quashing the order of cognizance dated 08.12.2014 passed in connection with Sheohar P.S. Case No.95 of 2013 (G.R. No.318 of 2013) registered for the offence under Sections 313, 314, 315, 316, 324, 325, 309, 215 and 336 of the Bihar Municipal Act, 2007 as well as under Section 353/506 of the Indian Penal Code.

4. Both the cases are arising from the same nature of dispute concerning the same chunk of piece of land and between the same parties, hence, for convenience and with consent of the parties, both the cases are being disposed of by this common order.

5. As per the petitioner, the facts of this case inter alia are as follows: –

5.1. That Sheo Govind Sah,

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