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Patna High Court

TARKESHWAR SINGH AND ORSversusTHE STATE OF BIHAR AND ANR

Decided
Disposal
ALLOWED

Holding

The complaint was held to be mala‑fide and the cognizance dated 23‑05‑2018 was quashed.

Summary

The petitioners – the father, mother and brothers of the complainant – sought quashing of the cognizance taken by the Chief Judicial Magistrate, Gaya, in a complaint alleging assault, robbery and criminal intimidation under IPC sections 323, 341, 504 and 379. The complainant, a tempo driver, claimed the accused assaulted him and his wife and stole jewellery and money. The petitioners contended that the complaint was filed maliciously to intimidate them, describing the complainant as a habitual offender and alcoholic. Relying on the Supreme Court’s decision in State of Haryana v. Bhajan Lal, the High Court examined whether the prosecution was mala‑fide and an abuse of process. Finding the allegations to be mala‑fide, the Court quashed the cognizance dated 23‑05‑2018 and all consequent proceedings. The application for quashing was therefore allowed.

Issues considered

  • Whether the complaint filed by the complainant is mala‑fide and constitutes an abuse of the judicial process
  • Whether the cognizance taken by the Chief Judicial Magistrate should be quashed under the principles laid down in Bhajan Lal

Legislation cited

Subjects

  • mala fide prosecution
  • abuse of process
  • quash of cognizance
  • IPC sections 323, 341, 504, 379
  • Bhajan Lal test
  • criminal law
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13116 of 2019
                  Arising Out of PS. Case No.-1319 Year-2014 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
           1.     Tarkeshwar Singh S/O Late Sudama Singh Resident Of Mohalla Chand
                  Choura, Police Station Bishunpad, District- Gaya
           2.    Abhishek Kumar @ Bittu S/O Tarkeshwar Singh Resident Of Mohalla
                 Chand Choura Police Station Bishunpad, District-Gaya
           3.    Prabha Devi W/o Tarkeshwar Singh Resident Of Mohalla Chand Choura
                 Police Station Bishunpad, District-Gaya
           4.    Akash Kumar @ Bithal S/O Tarkeshwar Singh Resident Of Mohalla Chand
                 Choura Police Station Bishunpad, District-Gaya

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    Rajesh Kumar Tarkeshwar Singh Resident Of Mohalla Chand Choura Police
                 Station Bishnupad District-Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :      Mr. Nitya Nand Tiwary, APP
                                                 Mr. Mrigendra Kumar, Advocate
                                                 Mr. Ramashish, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-01-2026                  Heard the learned counsel for the petitioners, the

                   learned counsel for the State and the learned counsel for the O.P.

                   No. 2.

                                2. This application has been filed for quashing of the

                   cognizance dated 23.05.2018 passed by the learned Chief

                   Judicial Magistrate, Gaya in Complaint Case No. 1319 of 2014

                   by which cognizance was taken under sections 323 341, 504 and

                   379 of the Indian Penal Code against the petitioners on the basis
Patna High Court CR. MISC. No.13116 of 2019(4) dt.20-01-2026
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          of the complaint petition filed by the complainant namely

          Rajesh Kumar.

                       3. The prosecution case, in brief, is that the

          complainant, a Tempo driver, has purchased a Tempo on loan

          under the Prime Minister Rural Self-Employment Scheme. He

          earns his livelihood and supports his family by operating the

          Tempo. The complainant alleges that on 26.07.2014, at around

          7:30 in the morning, he received a call from his wife. She was

          crying and weeping, informing him that all the accused persons

          were beating her and falsely accusing her of having poured

          poison into the water. Upon hearing this, the complainant rushed

          home, where he found all the accused persons assaulting his

          wife. When the complainant tried to intervene and save his wife,

          the accused persons, leaving her behind, caught hold of him and

          pushed him to the ground. When the complainant fell down on

          the ground, the petitioner nos. 2 and 4 assaulted him with a lathi

          near the eye. The complainant managed to protect his eye, and

          at that moment, petitioner no. 1 snatched the gold Jitia from the

          complainant's wife, while petitioner no. 3 took Rs. 259 from the

          complainant. The complainant sustained severe injuries. It is

          further alleged that, after the incident, he went to the Civil Lines

          Police Station, from where he was sent to Pilgrim Hospital.
Patna High Court CR. MISC. No.13116 of 2019(4) dt.20-01-2026
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          However, due to the seriousness of his injuries, the complainant

          was referred to Magadh Medical College Hospital, where he

          was admitted and remained from 26.07.2014 to 01.08.2014. The

          complainant further alleges that on 02.08.2014, he gave a

          written complaint at the Civil Lines Police Station, where the

          Station House Officer visited the complainant's residence for an

          inquiry but did not take any action. On 03.08.2014, at around

          6:30 in the evening, all the accused persons suddenly arrived at

          the complainant's residence and assaulted him, stating that the

          police would not take any action against them. The complainant

          later filed a complaint before the Court of the Chief Judicial

          Magistrate, Gaya.

                       4. The learned counsel for the petitioners submits that

          after registration of the Complaint Case No. 1319 of 2014, the

          complainant was examined on S.A. and the witnesses were

          examined. He further submits that the petitioner no.1 is the

          father of the complainant, petitioner no. 3 is the mother and

          petitioner no.2 and 4 are the brothers of the complainant. The

          complainant is a man of criminal bent of mind and has four

          criminal cases pending in the Court. The petitioner no.1 is an

          old man retired from the Government services and is bearing the

          educational expenses of both his sons who are studying in
Patna High Court CR. MISC. No.13116 of 2019(4) dt.20-01-2026
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          Delhi.

                       5. It is further submitted that the complainant is an

          unemployed individual who is unable to support his family and

          is known to be an alcoholic. On occasions when he is unable to

          procure alcohol, he causes disturbances within the household.

          The petitioners are deeply aggrieved by the complainant’s

          disruptive and rude behavior. On 26.07.2014, the complainant

          demanded money from petitioner no. 1 to purchase alcohol,

          which was denied and in response to this, the complainant

          slapped petitioner no. 1, his father, which was objected by his

          wife. The complainant further slapped the wife of the petitioner

          no. 1, and this incident was subsequently reported to petitioners

          no. 2 and 4 by petitioner no. 3. At that time, petitioners no. 2

          and 4 were at their college in Delhi. After coming to know about

          the situation, they advised their mother to lodge an FIR against

          the complainant. The complainant, in retaliation, has filed the

          present complaint with a mala-fide intention to intimidate the

          petitioners.

                       6. The learned counsel for the petitioners has further

          submitted that the present complaint has been maliciously filed

          against the petitioners with an intention to intimidate them.

                       7. The learned counsel for the petitioners has relied
Patna High Court CR. MISC. No.13116 of 2019(4) dt.20-01-2026
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          upon a judgment of the Hon’ble Supreme Court passed in the

          case of State of Haryana & Ors v. Bhajan Lal & Ors, 1992

          Supp (1) SCC 335 and has submitted that the present

          prosecution is a mala-fide one and the same is nothing but an

          abuse of the process of the court.

                       8. Per-contra, the learned APP for the State and the

          learned counsel for the O.P. No. 2 opposed the application of the

          petitioners.

                       9. The Hon’ble Supreme Court in the case of Bhajan

          Lal (Supra) has held that mala-fide prosecution should not be

          allowed to continue.

                       10. On careful examination of the materials available

          on record, this Court finds that the allegations against the

          petitioners are mala-fide and the complaint has been filed by the

          complainant against his parents and his brothers to wreck

          vengeance.

                       11. Considering the aforesaid facts and circumstances

          of the case and the law laid down by the Hon’ble Supreme

          Court in the case of Bhajan Lal (supra), the application stands

          allowed.

                       12. Accordingly, the cognizance dated 23.05.2018

          passed by the learned Chief Judicial Magistrate Gaya in
            Patna High Court CR. MISC. No.13116 of 2019(4) dt.20-01-2026
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                      Complaint Case No. 1319 of 2014 and all the consequential

                      proceedings arising out of the aforesaid complaint case are

                      hereby quashed.

                                   13. Pending application(s), if any, shall also stand

                      disposed of.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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