Patna High Court
VIJAY KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
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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
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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.
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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/-
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