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RAJIV ROY
Sumeet Singh Kalsi @ Naujeet Singh Kalsi @ Sunnit Kalsi, S/o. Late Jasbir Singh Kalsi – Appellant
Versus
State of Bihar – Respondent
ORDER :
Heard Mr. Jitendra Singh, learned Senior Counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petition has been filed for quashing of the order dated 25.08.2016/26.08.2016 passed in Complaint Case No. 90(C)/2010 whereunder the learned Sub Divisional Judicial Magistrate, Sherghati has been pleased to pass orders under Section 82 and 83 of the Code of Criminal Procedure, 1973.
3. The prosecution story read as follows:-
(ii) the allegation is/are the complainant and Sahina Khatoon are legal owners of Cadastral Survey Plot No. 430, 434, 435, 436 and 466 situated at village Jamuna, Anchal and P.S. Imamaganj, District-Gaya, from which new plot No. 541, 642, 54 and 603 respectively have been carved out;
(iii) the complainant had constructed 6 shops along with a verandah, store room and kitchen. One shop was let out to Smt. Munni Bibi for her tailoring business;
The main legal point established in the judgment is the duty of the accused persons to comply with court orders, especially when they have not challenged the orders and have continuously absented the....
A magistrate must apply mind and provide reasoning when taking cognizance of complaints; failure to do so allows for quashing of proceedings to prevent abuse of process.
The main legal point established in the judgment is the importance of preventing breach of peace and the different objectives of the civil court and the Magistrate in cases of possession disputes.
The central legal point established in the judgment is that the issuance of proclamation under Section 82 and attachment of property under Section 83 must comply with the mandatory requirements of la....
The court ruled that maintaining status quo under Section 145 of the Code of Criminal Procedure is justified to prevent a breach of public peace in ongoing land ownership disputes.
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