Patna High Court
RAHUL KUMAR SINGH @ RAHUL SINGHversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court held that the complaint was a mala‑fide prosecution and quashed the magistrate's order issuing summons.
Summary
The petitioners sought quashing of a magistrate's order that issued summons against them under IPC sections 147, 323, 379 and 34 for alleged assault and theft on disputed land. The prosecution alleged that the accused entered the complainant's land, plucked fruits, assaulted the complainant's son and snatched a deity idol, causing injuries and property loss. The petitioners contended the case was malicious, lacked medical evidence, and stemmed from a long‑standing civil land dispute, citing a pending title appeal favoring them. The court observed that the complaint contained general, omnibus allegations and appeared to be a mala‑fide prosecution involving all family members. Consequently, the High Court allowed the petitioners' application and quashed the magistrate's order, also directing the district judge to dispose of the pending title appeal within three months.
Issues considered
- Whether the magistrate's order issuing summons under IPC sections 147, 323, 379 and 34 should be quashed on the ground of mala‑fide prosecution.
- Whether the absence of medical evidence and the existence of a civil property dispute render the criminal complaint frivolous.
- Whether the pending civil title appeal affects the continuance of the criminal proceedings.
Legislation cited
- Indian Penal Code — s. 147, 323, 34, 379
Subjects
- criminal law
- false complaint
- mala fide prosecution
- IPC 147
- IPC 323
- IPC 379
- IPC 34
- property dispute
- quash order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67727 of 2019
Arising Out of PS. Case No.-1219 Year-2018 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
1. Rahul Kumar Singh @ Rahul Singh S/O Vijay Singh R/O Village- Kotawa,
P.S.- Barauli, District- Gopalganj.
2. Babita Devi W/O Vijay Singh R/O Village- Kotawa, P.S.- Barauli, District-
Gopalganj.
3. Priyanka Kumari W/O Rahul Kumar Singh @ Rahul Singh R/O Village-
Kotawa, P.S.- Barauli, District- Gopalganj.
4. Godawari Devi W/O Raju Singh @ Rajeev Kumar Singh R/O Village-
Kotawa, P.S.- Barauli, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Lalan Singh S/O Late Harinandan Singh R/O Katawa, P.S.- Barauli, Dist-
Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
For the O.P. No. 2 : Mr. Uday Pratap Singh, Advocate
Mr. Prasoon Shekhar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-01-2026 Heard the learned counsel for the petitioners, learned
APP for the State and the learned counsel for the O.P. No. 2.
2. This application has been filed for quashing the
order dated 23.07.2019 passed by the learned A.C.J.M-XIV,
Gopalganj in Tr. No. 2240/2019 (arising out of Complaint case
no.1219/2018) whereby and whereunder the learned Magistrate
found prima facie case U/s 147, 323, 379/34 of I.P.C. for
issuance of summons to face trail against the petitioners and
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others.
3. The prosecution case, in brief, is that out of the
total 14 kathas 16 dhurs of land appertaining to Khata No. 539,
Plot No. 1012, the complainant is in possession of 11 katha 2
dhurs situated on the northern side, over which he has planted
banana crops and mango and litchi trees, and where bricks and
stones have also been stored. On the southern side of the said
plot, there exists a residential house of Ramswarup Rai over 3
kathas 14 dhurs of land. It is alleged that on the date and time of
occurrence, all the accused persons, being armed with deadly
weapons, unlawfully entered upon the aforesaid land and started
plucking fruits from the plants and trees belonging to the
complainant. When an objection was raised by the
complainant’s son, Pinku Kumar Singh, the accused persons
became furious, started abusing him and assaulted him with
fists, slaps, lathi, and sticks, as a result of which he sustained
injuries on his left eye as well as on other parts of his body.
4. It is further alleged that during the said occurrence,
accused Raju Singh forcibly snatched the idol of Goddess Durga
worth approximately Rs. 8,500/- from the neck of the
complainant and attempted to drag him towards his house with
the intention to kill. Upon the alarm raised by Pinku Kumar
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Singh, locals arrived at the place of occurrence and rescued the
complainant. It is also alleged that the accused persons damaged
the standing crops and tore the clothes of Pinku Kumar Singh,
causing a loss of approximately Rs. 1,500/-. Thereafter, Pinku
Kumar Singh obtained medical treatment for the injuries
sustained during the incident. For the aforesaid occurrence, the
complainant submitted written applications before the police
authorities on 20.05.2018 and 22.05.2018, but no action was
taken. Thereafter, the present complaint was filed on
19.06.2018.
5. The learned counsel for the petitioners submits that
the prosecution case is mala fide, malicious, and frivolous in
nature and has been instituted with an ulterior motive. He
further submits that there is no medical report available on
record to substantiate the allegations of assault as narrated in the
complaint. He further submits that the parties are agnates and
neighbours, and the existence of a prior dispute with regard to
the land, plants, and trees in question has been admitted even by
the enquiry witnesses, clearly indicating that the present case is
an outcome of longstanding civil and property disputes.
6. The learned counsel for the petitioners further
submits that the prosecution side is in the habit of filing false
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and frivolous cases, as is evident from the fact that an earlier
complaint case, being Complaint Case No. 1443 of 1999, was
dismissed due to failure of the prosecution, vide judgment dated
10.08.2016. It is further submitted that Title Appeal No. 09 of
2015 is pending between the parties before the Court of the
learned District and Sessions Judge, arising out of Title Suit No.
16 of 1994, wherein a decree has already been passed in favour
of the petitioners with respect to the same plots, including the
land in question.
7. The learned APP for the State and the learned
counsel for the O.P. No. 2 have opposed the prayer of the
petitioners.
8. I have heard and considered the submissions of the
parties and have also gone through the records of the case. From
the reading of the complaint, it appears to be a mala-fide
prosecution in which all the family members including three
petitioners who are women have been made accused. There is
general and omnibus allegation against the petitioners.
9. In view of the aforesaid discussions, the present
application is allowed. Accordingly, the impugned order dated
23.07.2019 passed by the learned A.C.J.M-XIV, Gopalganj in
Tr. No. 2240/2019 (arising out of Complaint Case
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No.1219/2018) is hereby quashed.
10. The Principal District & Sessions Judge/ District
and Additional Sessions Judge, Gopalganj is directed to dispose
of the Title Appeal No. 09 of 2015 within three months of
communication/production of a copy of this order. The Principal
District & Sessions Judge/ District and Additional Sessions
Judge will proceed ex-parte against the non cooperating party.
11. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Gopalganj through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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