Created by Fuzzy Cloud

Patna High Court

ASHISH SAHAversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The FIR dated 24-03-2019 is quashed as it was filed in a matter that is essentially a business dispute and lacks proper criminal cognizance.

Summary

The petitioner, Ashish Saha, filed an application seeking quashal of FIR No. 84/2019 dated 24-03-2019 registered at Bahadurganj Police Station for offences under various sections of the Indian Penal Code. The FIR alleged that the petitioner, along with four armed persons, had molested, restrained, intimidated, and damaged the vehicle of the complainant, Babita Kumari, in what the prosecution described as a criminal act. The petitioner contended that the case stemmed from a business dispute and that a prior FIR had exonerated him, rendering the present cognizance improper. The Court, relying on the Supreme Court’s decision in Pepsi Food Ltd. v. Special Judicial Magistrate (1998) 5 SCC 749, held that the FIR was not maintainable as it was essentially a civil dispute masquerading as a criminal case. Consequently, the Court allowed the petition and quashed the FIR.

Issues considered

  • The appropriateness of quashing an FIR on the ground that the matter is a business dispute rather than a criminal offence
  • Whether cognizance can be taken by the magistrate when the underlying complaint lacks criminal intent
  • Application of the principle laid down in Pepsi Food Ltd. v. Special Judicial Magistrate regarding frivolous FIRs

Legislation cited

Subjects

  • quash FIR
  • cognizance
  • business dispute
  • Indian Penal Code
  • criminal procedure
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52362 of 2019
                  Arising Out of PS. Case No.-84 Year-2019 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 ASHISH SAHA Son of Late Debesh Saha Resident of Block No.7, Flat
                 No.81,Arya Kumar Road, near Dinkar Chowk, opposite Priya Apartment,
                 Rajendra Nagar, P.S.-Kadamkuan, District-Patna.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    THE STATE OF BIHAR
           2.    Babita Kumari D/o Late Shashikant Mishra Resident of Village-Dumaria
                 Bhatha, P.S.-Kishanganj, District-Kishanganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar, Advocate
                 For the Opposite Party/s :      Mr.Jharkhandi Upadhayaya, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-01-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. Despite valid service of notice, the O.P. No. 2 has

                   not appeared.

                                3. The present application has been filed by petitioner

                   for quashing the F.I.R. bearing Bahadurganj P.S. Case No.

                   84/2019 dated 24.03.2019 (G.R. No. 522/2019) registered for

                   the offences under Sections 341, 323, 354, 384, 386, 427, 504,

                   506/34 of I.P.C.

                                4. As per the prosecution case, Babita Kumari

                   complained of molestation, wrongful restraint, criminal

                   intimidation, and vehicle damage while travelling near
              Patna High Court CR. MISC. No.52362 of 2019(4) dt.20-01-2026
                                                          2/2




                        Bahadurganj. Five armed persons, including the petitioner,

                        allegedly stopped her vehicle, misbehaved, assaulted her

                        companions, threatened her with dire consequences, demanded

                        withdrawal of the case, damaged the vehicle and fled.

                                     5. From perusal of the impugned order, it appears that

                        a cryptic and non-speaking order has been filed without

                        considering the allegations.

                                     6. Considering the law laid down by the Hon’ble

                        Supreme Court in the case of Pepsi Food Limited and Anr. vs.

                        Special Judicial Magistrate and Ors. reported as (1998) 5

                        SCC 749 and in view of the fact that earlier an FIR was filed in

                        which the petitioner was exonerated and thereafter from the

                        complaint, cognizance has been taken. From the record, it

                        appears that it is basically a business dispute between the parties

                        and in my view, the cognizance order cannot be sustained.

                                     7. Hence, this application stands allowed and the

                        F.I.R. bearing Bahadurganj P.S. Case No. 84/2019 dated

                        24.03.2019 is hereby quashed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.