Patna High Court
Rajesh Kumar Sikaria @ Rajesh SikariaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The petition to quash the cognizance order is dismissed; prosecution may continue under the Bihar Municipal Corporation Act but not under Section 188 of the IPC.
Summary
Petitioner Rajesh Kumar Sikaria sought to quash a cognizance order dated 06‑05‑2014 in which a Judicial Magistrate had taken cognizance of offences under Section 188 and Section 34 of the Indian Penal Code read with Sections 313, 323 and 324 of the Bihar Municipal Corporation Act against eleven accused, including the petitioner. The petitioner argued that no prima facie case existed against him. The court noted that while the facts supported a prima facie case under Section 188 IPC, the matter should be pursued under the municipal law for violation of a municipal order. The senior counsel for Patna Municipal Corporation further contended that offences under Section 429 of the Bihar Municipal Corporation Act were also made out. Consequently, the High Court dismissed the petition to quash the cognizance order, directing the lower court to continue the prosecution under the municipal act but not under Section 188 of the IPC.
Issues considered
- Whether the cognizance order dated 06‑05‑2014 should be quashed on the ground of lack of prima facie case against the petitioner.
- Whether the prosecution can proceed under Section 188 of the IPC in the present facts.
Legislation cited
- Indian Penal Code — s. 188, 34
Subjects
- quashing of cognizance
- Section 188 IPC
- Bihar Municipal Corporation Act
- prima facie case
- prosecution direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28531 of 2016
Arising Out of PS. Case No.-464 Year-2013 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Rajesh Kumar Sikaria @ Rajesh Sikaria son of Sri Babulal Sikaria Resident
of A - 4B, Pushp Vihar Apartment, Exhibition Road, P.S. Gandhi Maidan,
Town and District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. PATNA MUNICIPAL CORPORATION THROUGH THE MUNICIPAL
COMMISSIONER, MAURYA LOK, PATNA BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nikhil Kumar Agrawal, Advocate
For the State : Mr.Shyam Kumar Singh, APP
For the P.M.C. : Mr.Prasoon Sinha, Sr. Advocate
Mr.Prabhat Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
17 13-01-2026 Heard the parties.
2. The petitioner is seeking quashing of the
cognizance order dated 06.05.2014 passed in Case No. 464 of
2013. The learned Judicial Magistrate, 1st Class, Patna, vide the
impugned order, took cognizance of offences punishable under
Section 188/34 of the Indian Penal Code read with Sections 313,
323 and 324 of the Bihar Municipal Corporation Act against
eleven accused persons, including the present petitioner. The
petitioner respectfully contends that no prima facie case has
been made out against him warranting such cognizance.
3. All the learned counsel are in agreement that no
Patna High Court CR. MISC. No.28531 of 2016(17) dt.13-01-2026
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offence under Section 188 I.P.C. is made out on facts of the
case, but the case should proceed for violation of the order
passed by the Municipal authorities under the Bihar Municipal
Corporation Act, 2007. It is next submitted by the learned
Senior Counsel for Patna Municipal Corporation that offences
under Section 429 of Bihar Municipal Corporation Act, 2007 are
made out.
4. In these circumstances, this application stands
disposed of with a direction to the concerned court below to
proceed with the prosecution, but the prosecution will not
proceed under Section 188 of I.P.C.
(Sandeep Kumar, J)
tusharika/-
U T
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