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Patna High Court

SHIVANANDAN PRASADversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The order dated 04‑08‑2016 passed by the learned SDJM, Hilsa, is quashed as it was issued in a printed format and is procedurally defective.

Summary

The petitioners sought quashing of an order dated 04‑08‑2016 passed by the Sub‑Divisional Judicial Magistrate, Hilsa, in connection with PS case No. 168 of 2015, alleging false implication in a theft and assault case and claiming the order was issued in a printed format without proper sanction. The prosecution alleged that the petitioners had abused the informant, snatched jewellery and assaulted her with a sharp weapon, while the petitioners contended the allegations were unfounded and stemmed from an ongoing land dispute. The petitioners relied on the precedent of Nokia Siemens Network Private Limited v. State of Bihar (Cr. Misc. No. 34891 of 2013) to argue that an order issued in printed form is vulnerable to quash. The State opposed the prayer, defending the order’s validity. The Court, after hearing both sides, held that the order’s issuance in a printed format rendered it procedurally defective and therefore unsustainable, and allowed the petition, quashing the impugned order.

Issues considered

  • Whether an order passed in a printed format by a Sub‑Divisional Judicial Magistrate is valid and enforceable
  • Whether the petitioners were falsely implicated and thus entitled to quash the order

Subjects

  • quash order
  • procedural defect
  • printed order
  • criminal miscellaneous
  • false implication
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26959 of 2019
                  Arising Out of PS. Case No.-168 Year-2015 Thana- EKANGARSARAI District- Nalanda
                 ======================================================
           1.     SHIVANANDAN PRASAD Son of Late Nemnarayan Prasad Resident of
                  Village- Mahua Bagh, Post- Kosiyava, P.S.- Ekangarsarai, District- Nalanda.
           2.    Subhash Kumar @ Subhash Prasad Son of Shivanandan Prasad Resident of
                 Village- Mahua Bagh, Post- Kosiyava, P.S.- Ekangarsarai, District- Nalanda.
           3.    Rausan Kumar S/o Jagat Prasad Resident of Village- Mahua Bagh, Post-
                 Kosiyava, P.S.- Ekangarsarai, District- Nalanda.
           4.    Bipin Kumar Son of Subhash Kumar @ Subhash Prasad Resident of Village-
                 Mahua Bagh, Post- Kosiyava, P.S.- Ekangarsarai, District- Nalanda.
           5.    Navin Kumar S/o Subhash Kumar @ Subhash Prasad Resident of Village-
                 Mahua Bagh, Post- Kosiyava, P.S.- Ekangarsarai, District- Nalanda.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    THE STATE OF BIHAR
           2.    Sushila Devi W/o Sandip Kumar R/o Village- Mahuabagh, Post- Kosiyava,
                 P.S.- Ekangarsarai, District- Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ashhar Mustafa
                 For the Opposite Party/s :     Mr.Jai Narain Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   27-01-2026                     Heard the learned counsel for the petitioners and

                   learned counsel for the State. None appears on behalf of the

                   informant despite valid service of notice.

                                 2. This application has been filed on behalf of the

                   petitioners for quashing the order dated 04.08.2016 passed by

                   the learned SDJM, Hilsa in connection with Ekangarsarai P.S.

                   Case No. 168 of 2015.
Patna High Court CR. MISC. No.26959 of 2019(3) dt.27-01-2026
                                            2/3




                       3. As per the prosecution case, while the informant

          was at his house, the petitioners came there and have started

          abusing the informant. It is also alleged by the informant that

          the petitioners snatched gold chain, ear-ring from her and have

          assaulted her with sharp edged weapon.

                       4. It has been submitted by the learned counsel for the

          petitioners that the petitioners have falsely been implicated in

          this case and there is admitted land dispute between the parties

          for which Land Dispute Case No. 236 of 2014-15 is also

          pending.

                       5. Learned counsel for the petitioners further submits

          that the allegation of theft was also levelled against the

          petitioners which has been found untrue by the police during

          investigation.

                       6. Learned counsel for the petitioner has relied upon

          the judgment of this Court passed in Cr. Misc. No. 34891 of

          2013 (Nokia Siemens Network Private Limited Vs. The State

          of Bihar) and has submitted that upon perusal of the impugned

          order, it will appear that the same has been passed on a printed

          format and therefore the same may be quashed.

                       7. Learned counsel for the State has supported the

          impugned order and has opposed the prayer of the petitioners.
          Patna High Court CR. MISC. No.26959 of 2019(3) dt.27-01-2026
                                                      3/3




                                 8. I have heard and considered the submission of the

                    parties.

                                 9. Though, learned counsel for the State has tried to

                    defend the impugned order but this Court is not convinced to

                    upheld the impugned order as the same is on a printed format.

                                 10. In view of the above, this application is allowed.

                                  11. Accordingly, the order dated 04.08.2016 passed

                    by the learned SDJM, Hilsa in connection with Ekangarsarai

                    P.S. Case No. 168 of 2015, is hereby quashed.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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