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Patna High Court

DIGVIJAY PRATAP SINGHversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The order dated 03‑07‑2019 passed by the Chief Judicial Magistrate is quashed as the prosecution was mala fide and amounted to an abuse of process.

Summary

The petitioner, Digvijay Pratap Singh, filed an application seeking to quash the order dated 03‑07‑2019 passed by the Chief Judicial Magistrate, Sheohar, in a complaint alleging dishonest transfer of land. The prosecution alleged that the opposite party had given Rs 35,000 to the petitioner's elder brother, Uday Pratap Singh, for a land sale, but after the brother's death the land was transferred to other accused. The petitioner contended that the amount was paid to his deceased brother, not to him, and that the prosecution was mala fide, motivated by political vendetta because he is a former MLA. The Court examined whether the complaint and the ensuing prosecution amounted to an abuse of process. Relying on the principles laid down in State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335), the Court held that the order of the magistrate was unsustainable. Consequently, the petition was allowed and the magistrate’s order was quashed.

Issues considered

  • Whether the order of the Chief Judicial Magistrate dated 03‑07‑2019 can be quashed on the ground of mala fide prosecution
  • Whether the complaint constitutes an abuse of process under the principles of State of Haryana v. Bhajan Lal

Subjects

  • quash order
  • abuse of process
  • mala fide prosecution
  • political vendetta
  • land transfer dispute
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65649 of 2019
                  Arising Out of PS. Case No.-24 Year-2018 Thana- COMPLAINT CASE District- Sheohar
                 ======================================================
                 DIGVIJAY PRATAP SINGH Son of Late Mangal Prasad Singh Resident of
                 Village-Madhopur Chhata, P.S.-Hiramda, District-Sheohar.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    THE STATE OF BIHAR Bihar
           2.    Sudhir Kumar Singh Son of Late Chandeshwar Singh Resident of Village-
                 Madhopur Chhata,P.S.-Hiramda, District-Sheohar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Umesh Chandra Verma
                 For the Opposite Party/s :      Mr.Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   29-01-2026                    Heard the parties. None appears on behalf of the

                   opposite party no. 02 despite valid service of notice.

                                2. This application has been filed for quashing the

                   order dated 03.07.2019 passed in Complaint Case No. 24 of

                   2018 by the learned Chief Judicial Magistrate, Shoehar.

                                3. As per the prosecution case, the opposite party no.

                   02 has given Rs. 35,000/- to the landlord Uday Pratap Singh

                   (who was the elder brother of the petitioner and now dead) for

                   transferring a piece of land. Uday Pratap Singh had promised

                   the opposite party no. 02 that he will execute the sale deed but it

                   is alleged against the petitioner that he, after the death of his

                   elder brother, has dishonestly transferred the said piece of land
          Patna High Court CR. MISC. No.65649 of 2019(4) dt.29-01-2026
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                    to accused no. 2 and 3.

                                 4. Upon perusal of the complaint case, it appears that

                    the alleged amount was given to the elder brother of the

                    petitioner and not the petitioner and the present prosecution,

                    appears to be mala fide one only to wreak vengeance from the

                    petitioner as he is in politics and ex-member of the Legislative

                    Assembly of Belsandi constituency.

                                 5. In view of the aforesaid and also 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,

                    this application is allowed.

                                 6. Accordingly, the order dated 03.07.2019 passed in

                    Complaint Case No. 24 of 2018 by the learned Chief Judicial

                    Magistrate, Shoehar, is hereby quashed.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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