Patna High Court
VIKASH KUMAR SINGH @ VIKASH KUMAR @ BISHAL SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court held that the allegations were mala‑fide and the complaint was fabricated, warranting the quash of the order of cognizance and all related proceedings.
Summary
The petitioners, Vikash Kumar Singh and Birendra Kumar, filed an application to quash the order of cognizance dated 27‑04‑2019 issued by the Chief Judicial Magistrate, Rohtas, which was based on FIR allegations of assault, robbery, and threat with a pistol. They contended that the FIR was false, fabricated, and constituted a mala‑fide prosecution. The State opposed the application. Relying on the Supreme Court’s decision in State of Haryana v. Bhajan Lal, the High Court examined the material and concluded that the complaint was indeed mala‑fide and intended to falsely implicate the petitioners. Consequently, the court allowed the petition, set aside the order of cognizance, and quashed all consequent proceedings. The application was therefore disposed in favour of the petitioners.
Issues considered
- Whether the prosecution is mala‑fide and the FIR is false or fabricated.
- Whether the order of cognizance under IPC sections 341, 323, 504, 506, 379 and 34 should be set aside.
- Whether the court can quash proceedings on the ground of abuse of process.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 379, 504, 506
Subjects
- mala fide prosecution
- quash order
- abuse of process
- false FIR
- Indian Penal Code
- criminal procedure
- High Court
- order of cognizance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57457 of 2019
Arising Out of PS. Case No.-114 Year-2019 Thana- SASARAM NAGAR District- Rohtas
======================================================
1. VIKASH KUMAR SINGH @ VIKASH KUMAR @ BISHAL SINGH Son
of Sri Lal Bahadur Singh Resident of Mohallah- Civil Line, Near Sat Paul
School, Ward No. 9, P.S.- Sasaram (Model), District- Rohtas at Sasaram
(Bihar)
2. Birendra Kumar Son of Sri Yaduvansh Singh Resident of Mohallah- Raj
Colony, Gali No. 5, Ward No.9, P.S.- Sasaram (Model), District- Rohtas at
Sasaram
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR Bihar
2. Amit Kumar Son of Sri Abhay Kumar Singh Resident of Mohallah-
Company Sarai, Ward No.12, P.S.- Sasaram (Model), District- Rohtas at
Sasaram (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lallan Pandey, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. This application has been filed on behalf of the
petitioners for setting aside/quashing the order of cognizance
dated 27.04.2019 by which the learned Chief Judicial
Magistrate, Rohtas at Sasaram took cognizance under Sections
341/ 323/ 504/ 506/ 379/ 34 of the Indian Penal Code against the
petitioners in connection with Sasaram (Model) P.S. Case No.
114/2019.
3. As per the prosecution case, the informant alleged
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that on 14.02.2019 the accused, Vikash Kumar and his
associates, assaulted him, robbed money and a gold chain,
threatened him with a pistol and demanded ransom.
4. Learned counsel for the petitioners submits that
from the reading of the FIR, it appears to be a false and
fabricated case.
5. The learned counsel for the petitioners has relied
upon a judgment of the Hon’ble Supreme Court passed in the
case of State of Haryana & Ors v. Bhajan Lal & Ors, 1992
Supp (1) SCC 335 and has submitted that the present
prosecution is a mala-fide one and the same is nothing but an
abuse of the process of the court.
6. Per-contra, the learned APP for the State has
opposed the application of the petitioners.
7 . The Hon’ble Supreme Court in the case of Bhajan
Lal (Supra) has held that mala – fide prosecution should not be
allowed to continue.
8. On careful examination of the materials available
on record, this Court finds that the allegations against the
petitioners are mala-fide and the complaint has been filed by the
complainant against the petitioners in order to falsely implicate
them in a concocted case.
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9 . Considering the aforesaid facts and circumstances
of the case and the law laid down by the Hon’ble Supreme
Court in the case of Bhajan Lal (supra) , the application stands
allowed.
10 . Accordingly, the cognizance dated 27.04.2019
passed by the learned Chief Judicial Magistrate, Rohtas at
Sasaram in Sasaram (Model) P.S. Case No. 114/2019 and all
the consequential proceedings arising out of the aforesaid
complaint case are hereby quashed.
11 . Pending application(s), if any, shall also stand
disposed of.
(Sandeep Kumar, J)
tusharika/-
U T
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