Patna High Court
Anil KumarversusState Of Bihar and Anr
- Decided
- Disposal
- ALLOWED
- Bench
- SHAILENDRA SINGH
Holding
The High Court quashed the cognizance order and the ensuing criminal proceedings as they were instituted without the requisite Section 197 sanction and were based on a mala fide complaint.
Summary
Anil Kumar, then SHO of Muffasil Police Station, raided the house of Shabroon Nisha on secret information and recovered numerous firearms and related equipment. Members of the household protested and allegedly assaulted police, leading to a complaint under IPC sections 323, 341 and 504. The trial court took cognizance and ordered prosecution despite the absence of a sanction under Section 197 of the CrPC, which protects public servants acting in the discharge of official duties. The petitioner filed a petition under Section 482 CrPC seeking quash of the order, arguing the complaint was filed mala fide to harass the police and that sanction was required. The High Court held that the complaint was indeed mala fide, no sanction was obtained, and proceeding against the petitioner would be an abuse of process, thereby quashing the order and the criminal proceedings.
Issues considered
- Whether prosecution sanction under Section 197 of the CrPC is required to proceed against a police officer for acts done in the discharge of official duties.
- Whether the complaint filed by Shabroon Nisha is mala fide and intended to harass the police.
- Whether the High Court can quash the cognizance order under Section 482 of the CrPC in the absence of sanction.
Legislation cited
- Arms Act
- Code of Criminal Procedure — s. 197, 482
- Indian Penal Code — s. 323, 341, 504
Subjects
- Criminal Procedure
- Section 197
- Section 482
- Police raid
- Mala fide complaint
- Abuse of process
- Firearms seizure
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56910 of 2017
Arising Out of PS. Case No.-700 Year-2013 Thana- MUNGER COMPLAINT CASE
District- Munger
======================================================
Anil Kumar son of Shri Sita Ram Singh, Resident of Maltikunj, Village- Itwa,
P.O.- Dumri, P.S.- Singhaul O.P., District- Begusarai.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Shabroon Nisha, wife of Md. Shamshuddin, Resident of Village- Mirzapur
Bardah, P.S.- Muffasil, District- Munger, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shantanu Kumar, Adv.
For the O.P. No. 2 : Mr. Ajit Kumar Singh, Adv.
For the State : Mr. Sri Sanjay Kumar Tiwary, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
3 02-02-2026 The instant application has been filed under Section 482
of the Code of Criminal Procedure (in short ‘Cr.P.C.’) by the
petitioner with a prayer to quash the order dated 18.10.2016
passed by the Court of the Ld. Chief Judicial Magistrate,
Munger, in Complaint Case No. 700 (C) of 2013, taking
cognizance of the offences punishable under Sections 323, 341,
and 504 of the Indian Penal Code against the petitioner and one
other.
2. Mr. Shantanu Kumar, learned counsel appearing for
the petitioner, submits that on the day of the alleged occurrence
the petitioner was the Station House Officer (SHO) of Muffasil
P.S., Munger, and on that day at about 11:40 AM, upon acting
Patna High Court CR. MISC. No.56910 of 2017(3) dt.02-02-2026
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on secret information regarding the running of a gun factory
inside the house of OP No. 2, the petitioner along with other
police officers raided the said house. From the house of OP No.
2, several manufactured and semi-manufactured firearms,
including a large number of equipment used in the making of
firearms, were recovered. During the course of the raid, male
and female members of the family of OP No. 2 gathered and
started protesting, creating obstacles in the process of search and
seizure of the alleged firearms and other equipment, and also
assaulted the police personnel with lathi, danda, and stones. For
the said incident, Muffasil P.S. Case No. 175 of 2013 was
registered for several offences under the Arms Act as well as
other offences under the IPC against the husband of OP No. 2,
her family members, and others, and in this regard, the FIR of
the said case filed as Annexure-2 is important. After the
registration of the case, the police fairly investigated the matter
and submitted the charge-sheet against the accused persons. The
next day after the raid, OP No. 2, with a mala fide intention,
lodged her complaint only to create pressure upon the police
officials involved in the said raid. Further, prosecution sanction
under Section 197 of the Criminal Procedure Code was not
issued by the concerned competent authority in connection with
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the alleged offences for proceeding against the petitioner, and in
the absence of prosecution sanction, the learned Magistrate took
cognizance against him, which is completely bad in the eyes of
law. The petitioner and other police officials were discharging
their official duties on 18.07.2013 while conducting the raid at
the house of OP No. 2, so all the acts as alleged by OP No. 2 in
her complaint are covered by the protection available under
Section 197 of Cr.P.C., and the petitioner and other police
officials did not exceed their official acts while conducting the
raid, searching the house of OP No. 2, and seizing the alleged
firearms.
3. Learned APP for the State opposes this petition but
fairly accepts that prosecution sanction was not issued to
prosecute the petitioner for the offences as alleged by OP No. 2
and also accepts that on the alleged date of occurrence the house
of OP No. 2 was raided by the police.
4. Considering the aforesaid submissions, and taking
into account the averments made in this application, particularly
the contents of the FIR of Muffasil P.S. Case No. 175 of 2013 as
well as the charge-sheet filed therein, this Court is of the view
that OP No. 2 filed the complaint with a mala fide intention to
harass the police officials and to create pressure upon the police
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to escape the criminal liability arising against her husband and
her family members on account of the recovery of a large
quantity of manufactured and semi-manufactured firearms from
the house of OP No. 2. Subjecting the petitioner to trial for the
alleged offences of which cognizance has been taken would
amount to a complete abuse of the process of the Court. The
trial court passed the impugned order in a mechanical manner
and that too without prosecution sanction. As such, the
impugned order and the subsequent criminal proceedings
initiated against the petitioner in light of the cognizance order
are hereby quashed, and the instant petition stands allowed.
(Shailendra Singh, J)
siddharthkr/BKS
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