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Patna High Court

RAJEEV RANJAN @ RINKU JIversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that there was no reason to interfere with the order dismissing the revision, as the petitioner failed to produce evidence despite ample opportunity.

Summary

The petitioner, Rajeev Ranjan, filed a complaint under IPC sections 323, 379, 406 and NI Act section 138. The Judicial Magistrate dismissed the complaint after two years because the petitioner failed to produce any witness or evidence. The petitioner appealed through a criminal revision, which was also dismissed by the Additional Sessions Judge, who noted the same lack of evidence. The petitioner then filed a criminal miscellaneous petition seeking to quash the revision order. The High Court examined the record, found that the petitioner had been given ample opportunity to produce evidence but did not, and therefore saw no ground to interfere. Consequently, the petition for quashing the order was dismissed.

Issues considered

  • Whether the order of the Additional Sessions Judge dismissing the criminal revision should be quashed on the ground of alleged procedural irregularity
  • Whether the failure of the petitioner to produce evidence after being given sufficient opportunity justifies dismissal of the complaint and the revision

Legislation cited

Subjects

  • criminal revision
  • quashing order
  • failure to produce evidence
  • IPC
  • Negotiable Instruments Act
  • complaint dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1137 of 2022
                 Arising Out of PS. Case No.-2603 Year-2011 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 RAJEEV RANJAN @ RINKU JI Son of Late Virendra Kumar Proprietor
                 Shiv Cement Bhandar Resident of New Bypass Road, New Alkapuri, Police
                 Station- Beur, District- Patna. At present residing at Azad Enclave, Flat
                 No.302 (B), Van Vihar Colony, Police Station- Phulwari Sharif, District-
                 Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Bihar
           2.    RAVINDRA SINGH Son of Late Birja Singh Managing Partner of M/S Raj
                 Construction, Resident of Village- Sheikhpura, Durga Ashram Gali, Police
                 Station- Shastri Nagar, District- Patna.
           3.    DIWAKAR KUMAR Son of Late Arya Nand Singh M/S Raj Construction,
                 Resident of Village- Sheikhpura, Durga Ashram Gali, Police Station- Shastri
                 Nagar, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Gopal Govind Mishra, Adv.
                 For the State          :       Ms.Madhuri Lata, APP
                 For OP Nos. 2 and 3    :       Mr.Sunil Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   12-02-2026                    Heard the learned counsel for the petitioner as well

                   the learned APP for the State and the learned counsel for OP

                   Nos. 2 and 3.

                                2. This is an application for quashing the order dated

                   19.12.2019 passed in Criminal Revision Case No. 623 of 2016

                   by the learned Additional Sessions Judge-IX, Patna, whereby

                   and whereunder the learned court below dismissed the revision

                   application, which was directed against the order dated
Patna High Court CR. MISC. No.1137 of 2022(5) dt.12-02-2026
                                            2/3




          27.06.2016 passed by the court of the learned Judicial

          Magistrate, First Class, Patna in Complaint Case No.

          2603(C)/2011 under Sections 323, 379 and 406 of the Indian

          Penal Code and Section 138 of the Negotiable Instruments Act.

                       3. Despite giving opportunities for two years, the

          petitioner / complainant did not produce any witness before

          charge. Having no option, the learned Judicial Magistrate, vide

          order dated 27.06.2016, passed in Complaint Case No. 2603 of

          2011, dismissed the complaint petition.

                       4. The petitioner / complainant preferred Criminal

          Revision Case No. 623 of 2016 against that order which was

          also dismissed by the learned Additional Sessions Judge-IX,

          Patna vide order dated 19.12.2019. While dismissing the

          criminal revision, the learned Sessions Judge has mentioned that

          from 16.11.2013 to 18.04.2016, the record was running for

          evidence before charge but the petitioner / complainant did not

          produce any evidence.

                       5. From perusal of the materials available with the

          record, it appears that despite proper opportunities given to the

          petitioner / complainant, he could not produce evidence and that

          is why the complaint petition was dismissed and consequently,

          the revision was also dismissed.
           Patna High Court CR. MISC. No.1137 of 2022(5) dt.12-02-2026
                                                       3/3




                                  6. I do not see any reason to interfere with the

                     impugned order. Accordingly, this criminal miscellaneous

                     petition is dismissed.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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