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Patna High Court

RAHUL KUMAR SINGH @ RAHUL SINGHversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.67727 of 2019(4) dt.27-01-2026
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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
Patna High Court CR. MISC. No.67727 of 2019(4) dt.27-01-2026
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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
Patna High Court CR. MISC. No.67727 of 2019(4) dt.27-01-2026
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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
            Patna High Court CR. MISC. No.67727 of 2019(4) dt.27-01-2026
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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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