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Patna High Court

VIJAY KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the prosecution was mala fide and the order of cognizance was quashed.

Summary

The petitioners, a junior engineer and a technical assistant employed under Sarva Shiksha Abhiyan, filed an application to quash the order of cognizance and summons dated 15‑04‑2019 issued by the CJM, Nawada, in a complaint alleging misappropriation of funds, demand for a commission, assault and theft of personal items. The petitioners contended that the allegations were false, concocted to harass them, and that no offence under the Indian Penal Code could be established. The State opposed the petition, supporting the impugned order. The Court examined the complaint and the record, concluding that the prosecution was mala fide and amounted to an abuse of process, relying on the Supreme Court’s principles in State of Haryana v. Bhajan Lal. Consequently, the Court allowed the petition and quashed the order of cognizance and summons.

Issues considered

  • Whether the order taking cognizance of the complaint is maintainable in view of alleged mala fide prosecution.
  • Whether the allegations constitute a cognizable offence under the IPC.
  • Whether the petitioners are entitled to quash the proceedings on the ground of abuse of process as per State of Haryana v. Bhajan Lal.

Subjects

  • criminal procedure
  • quash order
  • mala fide prosecution
  • abuse of process
  • government servant
  • corruption
  • assault
  • Indian Penal Code
  • Bhajan Lal principle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64362 of 2019
                    Arising Out of PS. Case No.-170 Year-2017 Thana- NAWADAH COMPLAINT CASE
                                                     District- Nawada
                 ======================================================
           1.     VIJAY KUMAR Son of Sri Rajnandan Ram Presently posted as Junior
                  Engineer in Prathamik Siksha Ewam Sarv Siksha Abhiyan, Nawada and
                  Permanent resident of Village - Purnachatra, Tatisilwai, P.S.- Tatisilwai,
                  District- Ranchi, Jharkhand
           2.    Ram Rekha Prasad @ Ram Rekha Singh Son of Late Ramchandra Singh
                 Presently posted as Technical Supervisor in Prathamik Siksha Ewam Sarv
                 Siksha Abhiyan, Nawada and Permanent Resident of Village - Barah, P.S.-
                 Harnaut, District- Nalanda

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Sri Jitendra Kumar Son of Sri Sidheshwar Singh Resident of Nanauri, P.S.-
                 Akbarpur, District- Nawadah, At present Headmaster of Primary School,
                 Bala Bigha, P.S.- Akbarpur, District- Nawadah

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Dheeraj Kumar Roy
                 For the Opposite Party/s :    Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-01-2026                    Heard the parties.

                                2. This application has been filed on behalf of the

                   petitioners for quashing the order taking cognizance and

                   issuance of summons dated 15.04.2019 passed by the learned

                   CJM, Nawada in connection with Complaint Case No. 170 of

                   2017.

                                3. The complaint petition, in short, is that Sarva

                   Shiksha Abhiyan,           Nawada    allotted    Rs.    7,39,000/-      for
Patna High Court CR. MISC. No.64362 of 2019(4) dt.27-01-2026
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          construction of first building and Rs. 4,06,000/- was allotted for

          construction of second building but, Rs. 5,51,250/- in place of

          Rs. 7,39,000/- and Rs. 03,01,150/- in place of Rs. 4,06,000/-

          have been sent in the account of Primary School, Bala Bigha by

          Sarva Shiksha Abhiyan, Nawada. It has also been alleged that

          construction of school building was made in presence of

          headmaster, Secretary and President as well as Vijay Kumar,

          Junior Engineer (petitioner no-1) and Ramrekha Prasad,

          Technical Assistant (petitioner no 2) and after that the

          Headmaster requested              Junior Engineer Vijay Kumar and

          Technical Assistant Ramrekha Prasad for preparing MB of

          building construction work but, they refused to prepare M.B.

          and demanded Rs. 1,00,000/- as commission for preparing said

          M.B. and when the complainant refused to give Rs. 1,00,000/-

          to the accused petitioners then both the accused petitioners

          abused him and assaulted with fist and slaps and they also

          snatched gold chain and wrist watch of the complainant. It is

          also alleged that the petitioners threatended to lodge case of

          Harijan Atrocity and with the said allegation, the present

          complaint petition has been filed and thereafter cognizance was

          taken.

                       4. It has been submitted by the learned counsel for the
Patna High Court CR. MISC. No.64362 of 2019(4) dt.27-01-2026
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          petitioners that the petitioners are government servants and the

          present complaint petition is false and concocted and has only

          been filed to harass the petitioners.

                       5. Learned counsel for the petitioners further submits

          that the allegations levelled against the petitioners are

          ornamental and no offence, as alleged against the petitioners

          under the provisions of IPC, is made out against them.

                       6. Learned APP for the State has opposed the prayer

          of the petitioners and has also supported the impugned order.

                       7. I have heard and considered the submission of the

          parties.

                       8. Upon perusal of the complaint petition and the

          entire records, it appears the petitioners, who are         Junior

          Engineer and Technical Assistant respectively, have falsely been

          implicated by the Headmaster, Secretary and Chairman, who

          were alleged to have defalcated the government money by the

          petitioners.

                       9. In view of the above, the present prosecution

          appears to be mala fide one and the same cannot be allowed to

          continue in view of the judgment of the Hon’ble Supreme Court

          in the case of State of Haryana Vs. Bhajan Lal reported in

          1992 Supp (1) SCC 335.
          Patna High Court CR. MISC. No.64362 of 2019(4) dt.27-01-2026
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                                 10. Accordingly, this application is allowed and order

                    15.04.2019 passed by the learned CJM, Nawada in connection

                    with Complaint Case No. 170 of 2017 is hereby quashed.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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