Patna High Court
Anil Kumar SinghversusState Of Bihar and Anr
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The order dated 21‑12‑2015 passed by the Chief Judicial Magistrate is quashed as it was issued without application of mind.
Summary
The petitioner, Anil Kumar Singh, filed a criminal miscellaneous application seeking to quash an order dated 21‑12‑2015 passed by the Chief Judicial Magistrate, Gopalganj, in a dowry‑related case arising from his marriage to Nibha Kumari. The prosecution alleged that after marriage the petitioner demanded additional dowry, leading to the wife’s ouster from the matrimonial home. The petitioner contended that the impugned order was issued in a printed format without any application of mind, rendering it invalid. Relying on the precedent of Cr. Misc. No. 34891 of 2013 (Nokia Siemens Network Private Limited Vs State of Bihar), the Court examined the record and found the order indeed lacked judicial reasoning. Consequently, the Court held that the order could not be sustained and quashed it with respect to the petitioner.
Issues considered
- Whether an order passed in a printed format without application of mind is valid under law
- Whether the order dated 21‑12‑2015 passed by the Chief Judicial Magistrate can be quashed
Subjects
- quash order
- application of mind
- printed order
- dowry dispute
- criminal miscellaneous
- magistrate order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37305 of 2016
Arising Out of PS. Case No.-177 Year-2014 Thana- THAWE District- Gopalganj
======================================================
Anil Kumar Singh Son of ate Sri Ram Singh Resident of village-Kalyanpur,
P.S. Barauli, District- Gopalganj
... ... Petitioner/s
Versus
1. State Of Bihar
2. Nibha Kumari @ Juli daughter of Nagendra Singh resident of Village-
Ekderwa Dera Par, P.S.- Thawe, District- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Radha Mohan Singh
For the Opposite Party/s : Mr.Sri Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 08-01-2026 Heard the parties.
2. This application has been filed for quashing the
order dated 21.12.2015 passed by the Chief Judicial Magistrate,
Gopalganj in connection with Thawe P.S. Case No. 177 of
2014 / Trial No. 4654 of 2016.
3. As per the prosecution case, the marriage of the
opposite party no. 02 was solemnized with the petitioner in the
year 2014. At the time of marriage, the father of the opposite
party no. 02 gave money and articles to his daughter as well as a
motorcycle to the petitioner but after marriage the petitioner
started demanding other articles also and upon non-fulfillment
of the same, the opposite party no. 02 and ousted her from the
Patna High Court CR. MISC. No.37305 of 2016(7) dt.08-01-2026
2/2
matrimonial home.
4. Learned counsel for the petitioner submits that the
impugned order has been passed in a printed format which is not
permissible in law and there is no application of mind before
passing the same.
5. In support of the submissions, 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).
6. I have considered the submission of the parties and
have also gone through the records.
7. From the perusal of the impugned order, it appears
that the same has been passed without application of mind and
therefore the same cannot be sustained.
8. Accordingly, this application is allowed and the
order dated 21.12.2015 passed by the Chief Judicial Magistrate,
Gopalganj in connection with Thawe P.S. Case No. 177 of
2014 / Trial No. 4654 of 2016 is hereby quashed with regard to
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…