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Patna High Court

Kewal JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The application is allowed; the order dated 12‑Oct‑2018 is set aside and the complaint quashed.

Summary

The petitioner Kewal Jha was served summons under Sections 406 and 504 IPC after a complaint by Shambhu Prasad Nunia alleging non‑payment of Rs 50,000 in wages while Jha was In‑charge Principal of R.D.S. College. Jha contended that the complainant’s appointment was irregular, that the alleged dues arose before his tenure, and that the complaint was frivolous and amounted to malicious prosecution. The High Court examined the complaint and found no prima facie case against Jha, noting that the grievance pertained to the college’s failure to pay wages, not to any criminal breach of trust by the petitioner. Relying on the Supreme Court’s decisions in Sunil Bharti Mittal v CBI and State of Haryana v Ch. Bhajan Lal, the Court held that continuation of the proceedings would be an abuse of process. Consequently, the order of the Chief Judicial Magistrate dated 12‑Oct‑2018 was set aside and the complaint quashed.

Issues considered

  • Whether the complaint under Sections 406 and 504 IPC against the petitioner discloses a prima facie case.
  • Whether the proceedings constitute malicious prosecution and abuse of process of law.
  • Whether the order of the Chief Judicial Magistrate issuing summons should be quashed.

Legislation cited

Subjects

  • malicious prosecution
  • abuse of process
  • frivolous complaint
  • quashing of criminal proceedings
  • non‑payment of wages
  • IPC 406
  • IPC 504
  • Bihar Universities Act

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL MISCELLANEOUS No.30564 of 2024

         Arising Out of PS. Case No.-678 Year-2018 Thana- KATIHAR COMPLAINT CASE
                                       District- Katihar
     ======================================================
     Kewal Jha, S/o Nageshwar Jha, R/o Sewanagar, Ward No. 25, Baigna,
     Katihar, P.S. - Katihar, Distt. - Katihar, Bihar.


                                                                     ... ... Petitioner/s
                                           Versus
1.   The State of Bihar.
2.   Shambhu Prasad Nunia, S/o Khokha Nunia, R/o vill - Tahirpur Ramol, P.S. -
     Ajamnagar, Distt. - Katihar, Bihar.


                                                              ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s      :      Mr. Rakesh Kumar Singh, Adv.
     For the State             :      Mr. Tarun Prasad Mandal, APP
     For the O.P. No. 2        :      None
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT
     Date : 25-02-2026

                            Heard the learned counsel for the petitioner and

      the learned Addl. Public Prosecutor for the State.

                            2. Despite valid service of notice on opposite

      party No. 2, nobody appears on his behalf.

                            3. This is an application seeking quashing of the

      order dated 12.10.2018 passed by the Court of learned Addl.
Patna High Court CR. MISC. No.30564 of 2024 dt.25-02-2026
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         Chief Judicial Magistrate-VI, Katihar in connection with

         Complaint Case No. 678 of 2018, whereby, after taking

         cognizance of the matter, summons have been issued against the

         petitioner for the offences under Sections 406 and 504 of the

         Indian Penal Code.

                           4. The facts giving rise to the present application

         is to the effect that a complaint was filed against the petitioner

         by the complainant/opposite party No. 2, namely, Shambhu

         Prasad Nunia, who was a 4th grade employee in the R.D.S.

         College, Salamari, Katihar and his appointment was made by

         the then In-charge Principal, Shasuzoha Saheb, on contract basis

         on 11.08.2004. It has been alleged by the complainant/opposite

         party No. 2 that he has not been paid Rs. 2,500/- per month

         since 01st of August, 2016 to March, 2018, i.e., for twenty (20)

         months, which comes to the tune of Rs. 50,000/. It has further

         been alleged that the petitioner, with bad intention, has not paid

         the complainant/opposite party No. 2, the remuneration of Rs.

         2,500/- per month, totaling to Rs. 50,000/-.

                           5. The learned counsel for the petitioner submits

         that he is quite innocent and has falsely been implicated in this

         case. It has been submitted that the allegations levelled against

         the petitioner are false, fabricated and concocted and having no
Patna High Court CR. MISC. No.30564 of 2024 dt.25-02-2026
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         essence of truth. It has further been submitted that the petitioner

         is a retired college teacher and was In-charge Principal of

         R.D.S. College, Salamari, Katihar. It has next been submitted

         that the petitioner became In-charge Principal of R.D.S. College

         on 01st of August, 2016 and continued till 15 th of July, 2018. It

         has been submitted that the complainant/opposite party No. 2

         was not lawfully appointed and his appointment was without

         any advertisement and without following the due process of law.

                           6. The learned counsel for the petitioner further

         submits that the payments made to the complainant/opposite

         party No. 2, prior to the petitioner’s tenure as In-charge

         Principal, were objected to in the Audit-Report as unauthorized

         since there was no approval from the B. N. Mandal University.

         It has also been submitted that a Vigilance inquiry regarding this

         and other financial irregularities was initiated against the

         predecessor of the petitioner, which is still pending.

                           7. Thus, the learned counsel for the petitioner

         submits that allowing such payments, which are claimed from

         the petitioner by the complainant/opposite party No. 2, would

         amount to contravention of the Bihar Universities Act, 1976. It

         has been submitted that the learned Court below has taken

         cognizance in a very mechanical manner and issued summons
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         against the petitioner, despite the fact that during the enquiry, no

         material has come-forth to reason out the issuing of summons

         for such offences. In support of his contention, the learned

         counsel for the petitioner has placed reliance upon a decision of

         the Hon’ble Supreme Court in the case of Sunil Bharti Mittal V.

         Central Bureau of Investigation, reported in (2015) 4 SCC 609.

                           8. The learned Addl. Public Prosecutor for the

         State has vehemently opposed the prayer made in the present

         application and has submitted that the petitioner, while holding

         the post, had misappropriated the funds and has also violated the

         statutory provisions of law, which resulted in breach of trust

         reposed in him by the State and the public at large.

                           9. After having heard the learned counsel for the

         petitioner and the learned Addl. Public Prosecutor for the State

         and on perusal of the materials available on record, it transpires

         that this is a case of grave misuse of the process of the Court as,

         admittedly,       the     complaint        has     been   filed   by   the

         complainant/opposite party No. 2 with regard to non-payment of

         the due amount from the college. The allegations levelled in the

         complaint is to the effect that the petitioner happens to be the In-

         charge Principal of the college at the relevant point of time and

         despite repeated request, the amount of Rs. 50,000/- was not
Patna High Court CR. MISC. No.30564 of 2024 dt.25-02-2026
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         paid by him to the complainant/opposite party No. 2.

                           10. From the plain reading of the complaint, it is

         evident that the allegation is with regard to non-payment of the

         wages, which were to be paid to the complainant/opposite party

         No. 2 for his services given to the R.D.S. College, Salamari,

         Katihar.     To the understanding of this Court, this is an apt

         example of a frivolous complaint filed against the petitioner as

         there is no ground to proceed ahead in this case, where prima

         facie allegation is of non-payment of wages, that too not by the

         petitioner but rather the college concerned.

                           11. This Court is of the view that the case in hand

         is squarely covered by the decision of the Hon’ble Supreme

         Court in the case of State of Haryana and Ors. Vs. Ch. Bhajan Lal

         and Ors., reported in AIR 1992 SC 604, as from the bare reading

         of the complaint case, no prima facie case is being made out

         against the petitioner coupled with the fact that for non-payment

         of wages the complaint was filed which also amounts to

         malicious prosecution and, therefore, the continuation of the

         criminal proceedings against the petitioner on such frivolous

         complaint would amount to abuse of process of law.

                           12. Thus, in view of the facts afore-stated and the

         settled principle of law, laid down in the case of State of
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                      Haryana and Ors. Vs. Ch. Bhajan Lal and Ors. (supra), the

                      present application with respect to the petitioner, above-named,

                      stands allowed and the impugned order dated 12.10.2018,

                      referred to above, with respect to him, is set aside.

                      Consequently, the complaint, bearing Complaint Case No. 678

                      of 2018, and all consequent proceedings initiated pursuant

                      thereto with respect to the petitioner, above-named, stand

                      quashed.



                                                (Sourendra Pandey, J)

Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          26.02.2026
Transmission Date       26.02.2026


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