Patna High Court
Manoj KumarversusState Of Bihar and Anr
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The order of cognizance dated 03.08.2015 and the criminal proceedings arising therefrom are quashed.
Summary
The petitioners, senior officials of Madhya Bihar Gramin Bank, filed applications seeking quash of a criminal complaint filed by a suspended bank officer, Nawal Kishore Sharma, alleging that the petitioners fabricated false allegations, threatened him with suspension, and demanded a bribe. The complaint led to an order of cognizance dated 03.08.2015 by the Judicial Magistrate, invoking IPC sections 342, 504, 506 read with section 34. The High Court examined the complaint and found the allegations vague, unrelated to any cognizable offence, and essentially a counter‑blast to disciplinary action. Relying on the Supreme Court’s principle in State of Haryana v. Bhajan Lal that mala‑fide prosecutions must not proceed, the Court held there was no prima facie material to sustain the charges. Consequently, the order of cognizance and the ensuing criminal proceedings were quashed.
Issues considered
- Whether the complaint discloses a prima facie case under IPC sections 342, 504, 506 and 34.
- Whether the criminal proceedings constitute a mala‑fide prosecution or abuse of process.
- Whether the order of cognance dated 03.08.2015 should be set aside.
Legislation cited
- Indian Penal Code — s. 34, 342, 504, 506
Subjects
- quash of criminal proceeding
- abuse of process
- mala fide prosecution
- IPC sections 342, 504, 506, 34
- bank disciplinary action
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44346 of 2015
Arising Out of PS. Case No.-484 Year-2015 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
A.k. Bhatia @ Anil Kumar Bhatia S/o Late S.C. Bhatia , at present posted as
Chairman, Madhya Bihar Gramin Bank, Head Office, Meena
... ... Petitioner/s
Versus
1. State Of Bihar
2. Nawal Kishore Sharma Son of late Ram Bachan Sharma, resident of Kila
Garhpar, Biharsharif, P.S.- Biharsharif, District- Nalanda, at present Officer
Scale-II Under Suspension, having Head Quarter at Madhya Bihar Gramin
Bank, Regional Office, Bhabhua.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 44772 of 2015
Arising Out of PS. Case No.-484 Year-2015 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
Manoj Kumar S/O Sri Sachchidanand Sinha at present posted as Branch
Manager, Madhya Bihar Gramin Bank, Branch Office, Keshri Nagar, Patna
... ... Petitioner/s
Versus
1. State Of Bihar
2. Nawal Kishore Sharma son of Late Ram Bachan Sharma, resident of Kila
Garhpar, Biharsharif, P.S.- Biharsharif, District- Nalanda, at present Officer
Scale-II Under Suspension, having Head Quarter at Madhya Bihar Gramin
Bank, Regional Office, Bhabhua
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 44346 of 2015)
For the Petitioner/s : Mr. Praveen Prabhakar
For the Opposite Party/s : Mr. Md.Fahimuddin APP
(In CRIMINAL MISCELLANEOUS No. 44772 of 2015)
For the Petitioner/s : Mr. Praveen Prabhakar
For the Opposite Party/s : Mr. Ajay Kumar Jha APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
21 06-01-2026 Both these applications are arising out of the same
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complaint case, therefore, with the consent of the parties, both
the cases are being heard together and are being decided by this
common order.
2. Heard the learned counsels for the petitioners and
the learned APP for the State.
3. Both these applications have been filed for
quashing of the order of cognizance dated 03.08.2015 passed by
the learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda
in Complaint Case No. 484(C) of 2015 by which the learned
Judicial Magistrate took cognizance of the offences under
Section 342, 504, 506 read with Section 34 of the Indian Penal
Code against the petitioner.
4. The complaint in question has been filed by Nawal
Kishore Sharma, an Officer Scale II (under suspension) of
Madhya Bihar Gramin Bank, against the petitioners. The
complainant alleges that he was suspended on the basis of false
allegations made by Narayan Prasad, who allegedly entered into
a financial dispute with the complainant during his posting as
Branch Manager of the Aungari Branch of the Bank.
5. The complainant’s case, in brief, is that during his
tenure at the Aungari branch, he had closed two fixed deposit
accounts of Narayan Prasad and his wife and deposited the
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amounts into their savings account. Later, two new fixed deposit
accounts of Rs. 50,000/- each were opened in the name of
Narayan Prasad. It is alleged that due to a human error, the
amounts were not properly transferred to the fixed deposit
accounts. On a written application by Narayan Prasad, the
amounts were eventually transferred on 03.01.2015.
6. The complainant further alleges that the petitioners,
upon becoming aware of these facts, instructed Narayan Prasad
to prepare a false application with malicious intent, which was
forwarded to the Regional Office, Biharsharif. On 16.01.2015,
the petitioners allegedly threatened the complainant with
suspension and dismissal in the chamber of the Regional Officer
and directed the suspension order to be issued. The complainant
claims that despite approaching the petitioners for revocation of
his suspension, he was avoided. He further alleges that on
27.04.2015, the petitioners demanded a bribe of Rs. 1 lakh from
him, which, when the complainant refused to pay, resulted in
threats, abuse, and insults.
7. The learned counsel for the petitioners submits that
the allegations in the complaint are vague, baseless, and
primarily relate to administrative matters and disciplinary action
concerning the complainant's suspension. It is further argued
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that the allegations do not make out any offence under the
provisions invoked by the complainant. He further submits that
the petitioners are the higher bank officials who are being
prosecuted at the instance of the O.P. No.2 who is a dismissed
employee of the bank and his dismissal has been upheld by this
Court in a writ proceeding vide C.W.J.C. No. 19650 of 2016
dated 05.04.2023.
8. The learned counsel for the State has vehemently
opposed the application of the petitioners.
9. I have heard and considered the submissions of the
parties and perused the materials available on record.
10. In the case of State of Haryana v. Bhajan Lal,
1992 Supp (1) SCC 335, the Hon’ble Supreme Court has held
that mala-fide prosecution should not be allowed to continue.
11. Upon perusal of the complaint and the materials
on record, it is evident that the allegations against the
petitioners, even if taken in their entirety, do not disclose any of
the offences under Sections 342, 504, 506, or 34 IPC.
12. The present case appears to be a counterblast to
the suspension order and departmental proceedings, with no
prima facie material to substantiate the allegations of criminal
conduct. The continuation of the criminal proceedings would
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amount to an abuse of the process of law.
13. In view of the discussions made above and
considering the law laid down by the Hon’ble Supreme Court in
the case of Bhajan Lal (supra), both these applications stand
allowed. Accordingly, the order of cognizance dated 03.08.2015
passed by the learned Judicial Magistrate, 1st Class, Biharsharif,
Nalanda, and the entire criminal proceeding arising therefrom,
are hereby quashed.
(Sandeep Kumar, J)
Shishir/-
U
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