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Patna High Court

Ram Subhodh ChoudharyversusThe State Of Bihar and Anr

Decided
Disposal
DISMISSED

Holding

The court held that prima facie offences are made out and therefore the order taking cognizance cannot be quashed.

Summary

The petitioner, Ram Subhodh Choudhary, filed an application to quash the order dated 16.05.2018 in which a Judicial Magistrate took cognizance against him under IPC sections 406, 420 read with 34, based on a complaint by Dinanath Chaudhary alleging breach of a partnership agreement, non‑payment of dues and alleged extortion. The petitioner contended that the partnership deed had been cancelled in 2001, that an earlier complaint in 2004 had resulted in his acquittal, and that the present complaint was merely a procedural matter under Section 107 of the Cr.P.C. The court examined the submissions and held that the defence could not be assessed at the interlocutory stage and that the records showed prima facie evidence of an offence. Consequently, the court found no merit in interfering with the magistrate’s order. The application for quashing was dismissed and the trial was directed to proceed expeditiously.

Issues considered

  • Whether the order taking cognizance of the petitioner under IPC 406, 420 read with 34 should be quashed.
  • Whether the petitioner’s defence of cancellation of the partnership deed and prior acquittal negates the existence of a prima facie case.

Legislation cited

Subjects

  • quash order
  • cognizance
  • partnership dispute
  • IPC 406
  • IPC 420
  • Section 34
  • prima facie
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5791 of 2019
                   Arising Out of PS. Case No.-227 Year-2011 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Ram Subhodh Choudhary Late Kalikant Choudhary, resident of village-
                 Hirni,


                                                                              ... ... Petitioner/s
                                                      Versus

           1.    The State Of Bihar
           2.    Dinanath Choudhary Son of Ramanand Choudhary, resident of village-
                 Hirni,

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Ajay Kumar Singh, Advocate
                 For the State           :        Mr.Jharkhandi Upadhyay, APP
                 For the OP No.2         :        Mr. Sabal Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   19-01-2026                   Heard learned counsel for the parties.

                                    2.       This application has been filed for quashing

                   of the order taking cognizance dated 16.05.2018 passed in

                   Kusheshwar Asthan P.S. Case No.227 of 2011 whereby the

                   learned Judicial Magistrate First Class, Biraul, Darbhanga has

                   taken cognizance against the petitioner and another u/s 406, 420

                   read with section 34 of the Indian Penal Code and has issued

                   summons against the petitioner and another.

                                    3.       As per the prosecution, the informant

                   namely,        Dinanath Chaudhary submitted his written report

                   before the SHO Police Station Kusheshwar Asthan on
Patna High Court CR. MISC. No.5791 of 2019(8) dt.19-01-2026
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          25.10.2011 stating therein that there was an agreement in Bricks

          Kiln and informant had 10 paisa share and in total the petitioner

          had saved about Rs.90,871 saving capital and out of the total

          benefit of Rs.18,00,000/- of the partnership firm, the share of

          informant was 2,70,000 and promised to pay within a month

          but after 03 months only Rs.50,000/- was given. It is also

          alleged that the accused persons tortured and grabbed

          Rs.2,20,000/- from the informant.

                          4.      On the basis of written application of the

          informant, Kusheshwar Asthan P.S. Case No.227 of 2011 was

          registered and cognizance has been taken against the accused

          persons including the present petitioner.

                          5.      The learned counsel for the petitioner has

          submitted that the petitioner had entered into an agreement with

          the informant on 30.11.2000, which was cancelled vide deed

          No. 11632, dated 30.06.2001. He next submits that previously,

          the informant had filed another complaint case no.182C of 2004

          against the petitioner and cognizance was taken under sections

          323, 385, 504 of the Indian Penal Code vide order dated

          23.08.2004 for the same occurrence, however, the petitioner was

          acquitted vide order dated 22.08.2018. Furthermore, the

          informant had also submitted a petition before the S.H.O,
Patna High Court CR. MISC. No.5791 of 2019(8) dt.19-01-2026
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          K.Asthgan upon which proceedings under section 107 Cr.P.C.

          was initiated before the S.D.O, Biraul in which the police

          submitted a report regarding cancellation of the Partnership

          deed.

                          6.      I have considered the submission of the

          parties and perused the impugned order.

                          7.      It is trite law that the defence of the

          petitioner can not be considered at this stage and this Court

          cannot conduct a mini trial to ascertain the veracity of the

          defence which can be only be determined during the course of

          trial.

                          8.      From perusal of the records of the case,

          prima facie offences are made out against the petitioner.

          Therefore, I do not find any merit to interfere with the order of

          the learned Magistrate by which the learned Magistrate has

          taken cognizance against the petitioner.

                          9.      Accordingly, this Court is not inclined to

          interfere with the impugned order. This application is dismissed.

                          10.     The Court below is directed to proceed in the

          case and conclude the trial at the earliest preferably within one

          year from the date of receipt/production of a copy of this order.

                          11.     Let a copy of this order be communicated to
           Patna High Court CR. MISC. No.5791 of 2019(8) dt.19-01-2026
                                                       4/4




                     the learned Principal District and Sessions Judge, Darbhanga

                     forthwith through FAX or e-mail for its compliance.


                                                                         (Sandeep Kumar, J)

P. Kumar
U      T


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