Patna High Court
SHIVANANDAN PRASADversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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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