LAWS(PAT)-2014-11-32

RAJ KISHORE TIWARY Vs. THE STATE OF BIHAR

Decided On November 14, 2014
RAJ KISHORE TIWARY Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite party No. 2. The State is being represented by Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor.

(2.) THE petitioners are aggrieved by the 31.03.2011 passed by the learned Chief Judicial Magistrate, Bhabhua (Kaimur) in connection with the Complaint Case No. 1454 of 2010, whereby cognizance has been taken under Sections 504 and 379 of the Indian Penal Code.

(3.) LEARNED counsel for the petitioners submits that absolutely false case has been lodged. A title suit came to be filed by one Satyendra Tiwary, who claimed himself to be the adopted son of one Rajeshwari Kuer, who is the vendor of the land in question against two of the petitioners in the present petition, namely, Raj Kishore Tiwary and Rakesh Kumar Tiwary. In the aforesaid title suit, namely, Title Suit No. 120 of 1997, the opposite party No. 2 has been impleaded as defendant No. 13, whereas the vendor of the petitioners has also been impleaded as party -defendant.