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Patna High Court

VIJAY KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order of cognizance is quashed as the allegations do not constitute a criminal offence.

Summary

Vijay Kumar and Sanjay Kumar, co‑owners of ancestral land with Dr. Brijesh Kumar, entered into an agreement to construct a 14‑foot road to the public road. The complainant alleged that the petitioners obstructed the road work and fraudulently induced him to deliver the property, invoking offences of cheating, criminal breach of trust (IPC s.406) and extortion (IPC s.384). The High Court noted that under settled law possession of one co‑sharer is deemed possession of the other, and no criminal mis‑appropriation or extortion was proved. It held that the allegations did not disclose any cognizable offence and the order of cognizance taken by the ACJM was ultra vires. Consequently, the order dated 20 April 2021 was quashed under Cr.P.C. s.482. The petition was allowed and the criminal proceedings were dismissed.

Issues considered

  • Whether the allegations of cheating, criminal breach of trust and extortion against co‑owners constitute a cognizable offence.
  • Whether the order of cognizance taken by the ACJM can be quashed under Section 482 of the Criminal Procedure Code.

Legislation cited

Subjects

  • co‑ownership
  • ancestral property
  • road construction
  • cheating
  • criminal breach of trust
  • extortion
  • Section 482
  • quashing of cognizance
  • civil dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.33354 of 2023
                  Arising Out of PS. Case No.-251 Year-2021 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.    Vijay Kumar Son Of Late Satyendra Kumar Resident Of Village- Jagat Narayan
                 Road, Opp. Patliputra Inter High School, Ps- Kadamkuan, Distt- Patna And
                 Permanent R/O Village Tarwan, Po- Arap, Ps- Naubatpur, Distt- Patna
           2.    Sanjay Kumar Son Of Late Satyendra Kumar Esident Of Village- Jagat Narayan
                 Road, Opp. Patliputra Inter High School, Ps- Kadamkuan, Distt- Patna And
                 Permanent R/O Village Tarwan, Po- Arap, Ps- Naubatpur, Distt- Patna
                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Dr. Brijesh Kumar Son Of Awdesh Prasad Sharma Resident Of Village- Jagat
                 Narayan Road, Opp. Patliputra Inter High School, Ps- Kadamkuan, Distt- Patna


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Yogesh Chandra Verma, Ser. Adv.,
                                                Ms. Priyanka Singh, Adv.,
                                                Mr. Adarsh Singh, Adv.,
                                                Mr. Khalid Faizal, Adv.
                 For the State           :      Mrs. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

4   03-10-2024                      The petitioners have approached this Court under

                   Section 482 of the Cr.P.C., praying for quashing of the order of

                   cognizance taken against the petitioners, by the learned ACJM-

                   III, Danapur, in Complaint Case No. 251(C) of 2021, vide order

                   dated 20th April, 2021.

                                  2. Admitted fact as available from the complaint is

                   that the petitioners and opposite party no. 2 have ancestral

                   property, appertaining to Chuk Nos. 37 and 34, ad-measuring 95

                   decimals under Khata No. 35, situated at villaga Tarwan, P.S.-
Patna High Court CR. MISC. No.33354 of 2023(4) dt.03-10-2024
                                            2/3




          Naubatpur in the District-Patna. The opposite party no. 2 wanted

          to develop the said land with a view to do some charitable and

          religious work in public interest. The distance between public

          road and the land is about 400 feet. Therefore, the complainant

          and the accused persons/petitioners had entered into an

          agreement on 25th May, 2017, whereby and whereunder the

          parties agreed to construct 14 feet wide road, starting from the

          land in question leading to public road. It is alleged that

          petitioner nos. 1 and 2 had been causing obstruction and

          hindrance in constructing the said road, on the ground that there

          were deviation from the original land etc. It is alleged by the

          complainant that the petitioners fraudulently and dishonestly

          induced the complainant to deliver the property unto them and

          thereby committed an offence of cheating.

                       3. The law is absolutely settled on the question of co-

          ownership and co-sharership of a piece of land, that possession

          of one co-sharer is deemed to be the possession of the other.

          Therefore, there cannot be any inducement or delivery of

          property in respect of the ancestral land, owned jointly by the

          petitioners and the opposite party no.2. Moreover, there is no

          allegation of criminal mis-appropriation. It is alleged by the

          complainant/opposite party no. 2 that the petitioners demanded
           Patna High Court CR. MISC. No.33354 of 2023(4) dt.03-10-2024
                                                       3/3




                     rangdari tax, which he was compelled to pay. There is no

                     description of such payment of money by the opposite party no.

                     2, in favour of the petitioners, in the four corners of the

                     complainant. Thus, the allegation under Section 406 of the I.P.C.

                     regarding criminal mis-appropriation also does not exists.

                                  4. Moreover, there is absolutely no allegation under

                     Section 384 of the I.P.C.

                                  5. The learned A.C.J.M.-III, Danapur failed to take

                     into consideration that dispute between the parties arose, as a

                     result alleged non performance of promise on the part of the

                     petitioners, which rendered the terms of the agreement, executed

                     by and between the parties a meaningless formality.

                                  6. Considering such aspect of the matter, I do not find

                     any material in the aforesaid criminal case for further

                     proceeding and the impugned order dated 20th April, 2021,

                     passed by the learned A.C.J.M.-III, Danapur, is quashed and set

                     aside.

                                  7. The instant Cr. Miscellaneous case is accordingly

                     allowed.


                                               (Bibek Chaudhuri, J)
pravinkumar/-

U      T


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