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Patna High Court

AMAR NATH @ RANA SHANKAR VAKIL @ RAM SHANKAR SINGHversusThe State of Bihar

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The High Court quashed the cognizance order and all proceedings as the allegations did not disclose any offence and were instituted mala fide.

Summary

The petitioner, Amar Nath, challenged a cognizance order dated 29‑05‑2014 taken by the Chief Judicial Magistrate, Lakhisarai, under IPC sections 406, 420 and 34. The prosecution alleged that the petitioner had taken an election certificate from the informant, Manoj Kumar, and coerced him to vote for a particular candidate. The informant later filed a petition before the CJM stating that only a photocopy of the certificate was taken and that the FIR was motivated by local political rivalry, not a criminal offence. The High Court observed that even if the allegations were taken at face value they did not constitute any offence and the proceedings were mala fide. Relying on the Supreme Court’s decision in State of Haryana v. Bhajan Lal, the Court exercised its inherent jurisdiction to quash the cognizance order and all related proceedings.

Issues considered

  • Whether the allegations in the FIR prima facie constitute an offence under Sections 406, 420 and 34 IPC.
  • Whether the proceedings are mala fide and can be quashed under the High Court's inherent jurisdiction as per State of Haryana v. Bhajan Lal.

Legislation cited

Subjects

  • criminal procedure
  • quash of proceedings
  • mala fide
  • political rivalry
  • Section 406 IPC
  • Section 420 IPC
  • Section 34 IPC
  • inherent jurisdiction
  • State of Haryana v. Bhajan Lal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.40077 of 2022
          Arising Out of PS. Case No.-60 Year-2012 Thana- BARHIYA District- Lakhisarai
     ======================================================
     AMAR NATH @ RANA SHANKAR VAKIL @ RAM SHANKAR SINGH
     Son of Late Siyaram Singh Resident of village- Barhiya, Ward No.- 3 P.S.-
     Barhiya, District- Lakhisarai

                                                                        ... ... Petitioner/s
                                            Versus
1.   The State of Bihar Bihar
2.   Manoj Kumar Son of Late Kameshwar Thakur Resident of village- Barhiya,
     Ward no. 3 (Nauwa Toli), P.S.- Barhiya, District- Lakhisarai

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :       Mr.Onkar Nath, Advocate
     For the State            :       Mr.Rajendra Singh, APP
     For the O.P.No.2:         Mr.Sanjeev Kumar, Advocate
                                      Mr.Ravi Kumar, Advocate
                                      Mr.Aman Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ANSUL
                     ORAL JUDGMENT
      Date : 23-06-2026

                      Heard learned counsel for the petitioner and learned

     Additional Public Prosecutor for the State.

                  2. The petitioner has challenged the cognizance order

     dated 29.05.2014 passed by the learned Chief Judicial Magistrate,

     Lakhisarai, in Barhiya P.S. Case No. 60/2012 corresponding to

     G.R. No. 648/2012, whereby cognizance was taken under Sections

     406, 420 and 34 IPC.

                  3. The case of the prosecution is that the informant,

     Manoj Kumar, was elected as Ward Commissioner in the 2012

     election and had received an election certificate. The petitioner is
Patna High Court CR. MISC. No.40077 of 2022 dt.23-06-2026
                                            2/3




       said to have told the informant that an affidavit was required to be

       made for the election certificate. He took the certificate from him.

       He directed him to cast his vote in favour of Shail Devi. He never

       returned the certificate.

                    4. The counsel for the petitioner drew the attention of

       the Court towards the fact that the informant himself filed a

       petition before the learned CJM, Lakhisarai, wherein he disclosed

       the real motive behind the FIR, which was to punish the petitioner

       on account of local political rivalry. In the statements recorded

       under Section 161 Cr.P.C., the informant and his wife stated that

       the petitioner had taken only a photostatic copy of the certificate,

       and that the case had been lodged solely due to village politics.

                    5. The case is peculiar, and the allegations, even if taken

       at face value, do not make out any offence at all. The allegation is

       that a certificate was taken and the informant was asked to vote for

       a particular person. It later turned out that the certificate was only

       a photostatic copy. Moreover, the informant himself gave up his

       version in his petition before the learned CJM. Taking all this into

       consideration, this appears to be a mala fide exercise arising out of

       a local dispute, which has nothing to do with the offences alleged,

       and the continuance of proceedings cannot be countenanced. The

       present case squarely falls within the categories of cases
             Patna High Court CR. MISC. No.40077 of 2022 dt.23-06-2026
                                                         3/3




                    enumerated by the Supreme Court in State of Haryana vs. Bhajan

                    Lal and Others reported in 1999 Supp (1) SCC 335, wherein it

                    has been held that where the allegations made in the FIR or the

                    complaint, even if taken at their face value and accepted in their

                    entirety, do not prima facie constitute any offence or make out a

                    case against the accused, and where the criminal proceedings are

                    manifestly attended with mala fide and where the proceedings are

                    maliciously instituted with an ulterior motive, the High Court may

                    quash the same in exercise of its inherent jurisdiction.

                                 6. Resultantly, this application is allowed. Barhiya P.S.

                    Case No. 60/2012 / G.R. No. 648/2012, and all proceedings arising

                    therefrom, including the cognizance order dated 29.05.2014 passed

                    by the learned Chief Judicial Magistrate, Lakhisarai, stand

                    quashed.



                                                        (Ansul, J)
abhishekkr/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.06.2026
Transmission Date       24.06.2026


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