Patna High Court
NEHA EQBALversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The order of the Chief Judicial Magistrate taking cognizance against the petitioner is quashed.
Summary
The petitioner, Neha Eqbal, was charged in a land dispute where the informant Mahfuzul Hasan claimed ownership of a plot purchased in 1988. Hasan alleged that the petitioner and others forged sale deeds in 2016 and 2018 to illegally acquire the land and threatened him, leading the Chief Judicial Magistrate to take cognizance under IPC sections 419, 420, 468, 504 and 506/34. The petitioner contended that she is a bona‑fide purchaser and that the matter is essentially a civil title suit, not a criminal case. The State opposed the petition, while the other accused had previously had a revision dismissed by the Sessions Judge. The High Court examined whether the criminal proceedings against a bona‑fide purchaser were appropriate and held that the magistrate's order against the petitioner was unwarranted. Consequently, the court quashed the order as to the petitioner and allowed the criminal miscellaneous application.
Issues considered
- Whether a bona‑fide purchaser of land can be held liable under IPC sections 419, 420, 468, 504 and 506/34 in a land‑dispute case.
- Whether the order of the Chief Judicial Magistrate taking cognizance against the petitioner should be quashed.
Legislation cited
- Indian Penal Code — s. 419, 420, 468, 504, 506/34
Subjects
- land dispute
- forgery
- bona fide purchaser
- criminal intimidation
- cheating
- IPC sections
- quash order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5625 of 2022
Arising Out of PS. Case No.-461 Year-2018 Thana- PURNEA SADAR District- Purnia
======================================================
NEHA EQBAL W/o Syad Kamar Ahmad Eqbal Resident of Mohalla -
Lalbagh, Purnia City, Madhopur, P.S.- Sadar Purnia, Dist.- Purnia.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. MAHFUZUL HASAN Son of Late Zahirul Hasan Resident of Madhepura,
P.s. madhepura, Dist.- Madhepura At present - Khazanchi Hat, P.S. Sahayak
Khazanchi Hat, Dist. - Purnia.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Nivedita Nirvikar, Sr. Adv.
Mrs.Mira Kumari, Adv.
Mr. Amarshakti, Adv.
Mr. Shashank Shekhar, Adv.
Ms. Riya Raj, Adv.
For the State : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 12-02-2026 Heard learned Senior Counsel for the petitioner,
learned counsel for Opposite Party No. 2 and learned APP for
the State.
2. This application has been filed for quashing of the
order dated 24.07.2019 passed by the learned Chief Judicial
Magistrate, Purnia, in G.R. No. 2969 of 2018 arising out of
Sadar P.S. Case No. 461 of 2018, whereby and whereunder the
learned Magistrate took cognizance of the offences under
Sections 419, 420, 468, 504 and 506/34 of the IPC against the
petitioner and others, differing from the final form.
3. The prosecution case, in brief, is that the
Patna High Court CR. MISC. No.5625 of 2022(6) dt.12-02-2026
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informant, Mahfuzul Hasan, alleged that he had purchased land
bearing Khata No. 24, Khesra No. 757, measuring 2 kathas,
situated at Mauza-Alamganj, in the year 1988 and was in
possession thereof. It is alleged that when he went to fence the
said land, accused Syed Nasar Ahmad Eqbal and others abused
and assaulted him, claiming to have purchased the same land
through registered sale deeds. Upon verification, the informant
allegedly found that certain persons had executed sale deeds
dated 03.03.2016 and 22.06.2018 in favour of Syed Nasar
Ahmad Eqbal and Nehal Eqbal (petitioner) by way of
impersonation, with an intention to grab his land, and they also
allegedly threatened him with dire consequences.
4. Learned Senior Counsel for the petitioner, by
drawing my attention towards the charge-sheet, has submitted
that the investigating authorities found it to be a case of land
dispute. However, the learned Chief Judicial Magistrate vide
the impugned order dated 24.07.2019 in Sadar P.S. Case No.
461 of 2018 took cognizance against the petitioner also
amongst other accused persons. She has further submitted that
the petitioner is a bona fide purchaser and, therefore, could not
be held liable for criminal proceedings.
5. On the other hand, learned counsel for Opposite
Patna High Court CR. MISC. No.5625 of 2022(6) dt.12-02-2026
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Party No. 2 has submitted that some of the accused persons
preferred a revision before the learned Sessions Judge, Purnea,
which was dismissed by the learned Sessions Judge.
6. So far as this submission is concerned, the stand of
the petitioner cannot be put at par with those accused persons
whose revision has been dismissed, because she is a bona fide
purchaser of the land. A title suit, as submitted, is pending
between the parties.
7. Considering the above-mentioned facts and
circumstances, the impugned order dated 24.07.2019, passed
by the learned Chief Judicial Magistrate, Purnia, in G.R. No.
2969 of 2018 arising out of Sadar P.S. Case No. 461 of 2018, is
quashed only against the petitioner.
8. Accordingly, this criminal miscellaneous
application is allowed.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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