Patna High Court
OM PRAKASH MAHTOversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The petition under Section 239 is allowed and the magistrate’s order and all related proceedings are quashed as the prosecution is mala‑fide.
Summary
Om Prakash Mahto filed a petition under Section 239 of the Criminal Procedure Code seeking to set aside a February 2019 order of the Judicial Magistrate, Sitamarhi, which had rejected his application to quash a criminal case filed by Baljit Mahto alleging cheating and criminal breach of trust over a Rs 25 lakh joint land purchase. The petitioner contended that the dispute was essentially civil, that the sale deed was in his name, and that the prosecution was a mala‑fide attempt to misuse the criminal process. The State opposed the petition, but the High Court, relying on the Supreme Court’s decision in State of Haryana v. Bhajan Lal, held that the allegations were indeed mala‑fide and constituted an abuse of process. Consequently, the Court allowed the petition, quashed the magistrate’s order and all consequential proceedings, and disposed of any pending applications. The decision underscores the principle that courts must not permit frivolous or malicious criminal prosecutions.
Issues considered
- What constitutes a mala‑fide prosecution and abuse of process under Indian law?
- Whether the order of the Judicial Magistrate rejecting the Section 239 application can be set aside.
- Whether the criminal case filed under Section 239 is maintainable when the underlying dispute is civil in nature.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 239
Subjects
- mala fide prosecution
- abuse of process
- Section 239 CrPC
- quash order
- civil dispute disguised as criminal case
- criminal breach of trust
- land purchase dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58085 of 2019
Arising Out of PS. Case No.-82 Year-2015 Thana- MAJORGANJ District- Sitamarhi
======================================================
OM PRAKASH MAHTO Son of Bhola Mahto Resident of Village - Bela
Sahwajpur, P.S.- Riga, District - Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Baljit Mahto Son of Late Ramnandan Mahto Resident of Village - Sasaula,
P.S.- Mejarganj (Suppi O.P.), District - Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Despite valid service of notice, O.P. No. 2 has not
appeared.
2. This application has been filed on behalf of the
petitioner for setting aside/quashing the order dated 18.02.2019
by which learned Judicial Magistrate, Sitamarhi rejected the
application filed under Section 239 of Cr.P.C. against the
petitioner in connection with Mejarganj P.S. Case No. 82/2015
(Tr. No. 1839/2017).
3. As per the prosecution case, O.P. No. 2 filed a
complaint in 2015 alleging cheating and criminal breach of
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trust. He alleged that after paying Rs. 25 lakhs to the accused for
joint purchase of land, the accused avoided executing the sale
deed and later tried to dispossess him.
4. Learned counsel for the petitioner submits that
from the reading of the FIR, it appears that a civil dispute has
been given a colour of criminal case and the sale deed is in the
name of the petitioner.
5. The learned counsel for the petitioner 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 petitioner.
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
petitioner are mala-fide.
9 . Considering the aforesaid facts and circumstances
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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 order dated 18.02.2019 passed
by the learned Judicial Magistrate, Sitamarhi in Mejarganj P.S.
Case No. 82/2015 and all the consequential proceedings arising
out of the aforesaid case are hereby quashed.
11 . Pending application(s), if any, shall also stand
disposed of.
(Sandeep Kumar, J)
tusharika/-
U
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