Created by Fuzzy Cloud

Patna High Court

Rajesh Kumar Sikaria @ Rajesh SikariaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                          2/2




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.