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Patna High Court

Amant Sharma @ Santosh SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the prosecution does not disclose any offence under the cited provisions and is mala fide, therefore the proceedings are quashed.

Summary

The petitioner, Amant Sharma, was charged under IPC Sections 188 and 353 and Section 10 of the Bihar Conduct Examination Act for allegedly disrupting an examination centre. He contended that he was merely dropping off his ill niece, had no criminal intent, and that the case was fabricated. The State opposed the quash petition. The High Court examined the FIR and found that the alleged conduct did not satisfy the elements of the offences and was a mala fide prosecution. Relying on the Supreme Court’s principles in State of Haryana v. Bhajan Lal, the Court held that continuing the prosecution would be an abuse of process. Consequently, the order of the Additional Chief Judicial Magistrate and all subsequent proceedings were quashed.

Issues considered

  • Whether the petitioner’s conduct amounts to an offence under IPC Section 188 (disobedience to public servant’s order).
  • Whether the conduct amounts to an offence under IPC Section 353 (assault or criminal force to deter a public servant).
  • Whether the conduct falls within Section 10 of the Bihar Conduct Examination Act.
  • Whether the prosecution is an abuse of process warranting quash of the proceedings.

Legislation cited

Subjects

  • quash petition
  • abuse of process
  • IPC 188
  • IPC 353
  • Bihar Conduct Examination Act
  • examination centre disturbance
  • false case
  • Bhajan Lal test

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2683 of 2019
                     Arising Out of PS. Case No.-32 Year-2017 Thana- DULHIN BAZAR District- Patna
                 ======================================================
                 Amant Sharma @ Santosh Sharma Sri Awadhesh Sharma, Resident of- Indira
                 Nagar, Road no.4.,P.S. - Jakkanpur, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rohit Mishra
                 For the Opposite Party/s :       Mr. Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   03-02-2026                  Heard the learned counsel for the petitioner and Mr.

                   Jharkhandi Upadhyay, the learned counsel for the State.

                                2. This application has been filed for quashing of the

                   order dated 15.03.2018 passed by the Additional Chief Judicial

                   Magistrate-III, Danapur in connection with Dulhin Bazar P.S.

                   Case No. 32 of 2017 by which cognizance was taken by the

                   Court below for the offence under Sections 188 and 353 of the

                   Indian Penal Code and Section 10 of the Bihar Conduct

                   Examination Act.

                                3. The prosecution case, as per the written report

                   lodged by Dr. Md. Qamar Saquib (the informant), is that the

                   informant was appointed as the Center Superintendent for the

                   Intermediate Examination, 2017, at Paras Nath Kushwaha

                   College. On 17.02.2017, at about 9:40 A.M., while the deputed
Patna High Court CR. MISC. No.2683 of 2019(6) dt.03-02-2026
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          Magistrate, Smt. Poonam Sinha, Sri Deepak Kumar, and other

          staff were preparing to distribute the question papers to the

          students, an unauthorized person entered the Examination

          Control Room and engaged in a heated altercation with the

          authorities present. It is alleged that the petitioner disturbed the

          ongoing process, created hindrance, and engaged in disruptive

          behavior, including shouting and hitting his hands on the table.

          It is further alleged that security personnel at the Examination

          Center intervened and escorted the petitioner out. Later, the

          informant came to know from the police that the petitioner’s

          name was Amant Sharma @ Santosh Sharma, and that he had

          arrived in a Scorpio vehicle.

                       4. The learned counsel for the petitioner submits the

          petitioner did not commit any offence as alleged in the First

          Information Report (FIR). The petitioner has falsely been

          implicated in the present false and fabricated case due to the

          false ego of the authorities present at the said examination

          center. He further submits that the niece of the petitioner was an

          appearing candidate at the examination on the relevant date, and

          the petitioner had only gone to drop her off at the Examination

          Center. Due to his niece’s illness, the petitioner brought his

          vehicle closer to the Center to assist her.
Patna High Court CR. MISC. No.2683 of 2019(6) dt.03-02-2026
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                       5. The learned counsel for the petitioner further

          submits that when the petitioner was returning, he was

          surrounded by police personnel, who allegedly began using

          abusive language towards him, resulting in a heated altercation

          between the petitioner and the authorities. He further submits

          that the matter was subsequently resolved through a

          compromise, and the petitioner believed that the situation had

          returned to normal, after which he returned to his residence.

          However, the petitioner later discovered that a false and

          fabricated case had been filed against him.

                       6. The learned counsel for the petitioner further

          submits that from the perusal of the FIR, it is evident that no

          mala fide intention has been attributed to the petitioner, and thus

          it would be clear that no criminal offence has been made out

          against him.

                       7. The learned APP for the State has vehemently

          opposed the prayer of the petitioner.

                       8. I have considered the submissions of the parties and

          have gone through the materials available on record. This Court

          is of the view that the ingredients of the offences under Sections

          188 and 353 of the Indian Penal Code, as well as Section 10 of

          the Bihar Conduct Examination Act, are not made out in the
            Patna High Court CR. MISC. No.2683 of 2019(6) dt.03-02-2026
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                      present case. The actions attributed to the petitioner do not

                      prima facie constitute a criminal offence, as the petitioner had

                      simply taken his niece to the examination. Continuation of the

                      present prosecution against the petitioner would amount to an

                      abuse of the process of the Court. It is evident that the

                      prosecution against the petitioner is mala fide and has been

                      launched solely to wreak vengeance.

                                   9. In view of the foreging dicussions and considering

                      the law laid down by the Hon’ble Supreme Court in the case of

                      State of Haryana & Ors V/s Bhajan Lal & Ors, 1992 Supp (1)

                      SCC 335., this application stands allowed.

                                   10. Accordingly, the order dated 15.03.2018 passed

                      by the Additional Chief Judicial Magistrate-III, Danapur in

                      connection with Dulhin Bazar P.S. Case No. 32 of 2017 and all

                      subsequent proceedings arising out of the aforesaid FIR are

                      hereby quashed.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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