Created by Fuzzy Cloud

Patna High Court

BIBI RAZYA SULTANA @ BIBI RAZAYA SULTANAversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order of the Chief Judicial Magistrate dated 05-04-2022 is set aside as it disregarded the Sessions Judge’s revision and the civil nature of the dispute.

Summary

The petitioners sought to quash an order dated 05-04-2022 passed by the Chief Judicial Magistrate, Madhepura, which took cognizance of offences under IPC sections 323, 420, 504 and 506/34 despite a final report that differed from the complaint and a prior revision order setting aside the earlier cognizance. The complaint arose from a monetary dispute where the complainant alleged that Bibi Razaya Sultana demanded and received Rs. 10.90 lakh for house construction, returned only part of it, and issued a dishonoured cheque, after which the accused allegedly assaulted and intimidated the complainant. The investigating authorities found no evidence supporting the criminal allegations, concluding the matter was a civil money transaction. The High Court held that the magistrate’s order ignored the Sessions Judge’s revision order and the civil nature of the dispute, and therefore set aside the impugned order. Consequently, the criminal miscellaneous application was allowed, restoring the Sessions Judge’s decision.

Issues considered

  • Whether the Chief Judicial Magistrate could take cognizance of the offences despite the final report and the Sessions Judge’s revision order.
  • Whether the dispute between the parties is civil in nature and thus not cognizable as a criminal offence.

Legislation cited

Subjects

  • criminal procedure
  • quash order
  • cognizance
  • final report
  • civil dispute
  • IPC sections
  • revision order
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7116 of 2023
                  Arising Out of PS. Case No.-156 Year-2020 Thana- SINGHESHWAR District- Madhepura
                 ======================================================
           1.     BIBI RAZYA SULTANA @ BIBI RAZAYA SULTANA D/O MD.
                  NIZAMUDEEN ANSARI Resident of Village- Milki Dostani, Ward No- 15,
                  P.O.- Hasai, P.S.- Dhoraiya, District- Banka, at present posted as Mahila
                  Police Constable, Batch No.- 30, Hindi Branch, S.P. Office, Saharsa.
           2.    MD. AFROZ ANSHARI S/O MD. NIZAMUDEEN ANSARI Resident of
                 Village- Milki Dostani, Ward No- 15, P.O.- Hasai, P.S.- Dhoraiya, District-
                 Banka
           3.    MD. JULFIKAR ANSHARI S/O MD. NIZAMUDEEN ANSARI Resident
                 of Village- Milki Dostani, Ward No- 15, P.O.- Hasai, P.S.- Dhoraiya,
                 District- Banka
                                                                     ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar
           2.     MD. SONAZIR S/O MD. AZEEM Resident of village- Bhelwa, Warda No-
                  1, P.S.- Singheshwar, District- Madhepura.
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md. Nurul Hoda
                 For the Opposite Party/s :      Mr.Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   24-02-2026                   Heard the parties.

                                2. This application has been filed for quashing the order

                   dated 05.04.2022 passed by the learned Chief Judicial Magistrate,

                   Madhepura in G.R. No. 1020/2020 arising out of Singheshwar P.S.

                   Case No. 156/2020, whereby and whereunder, the learned

                   Magistrate, differing with the Final Report, took cognizance of the

                   offences under Sections 323, 420, 504 and 506/34 of the Indian Penal

                   Code and, directed issuance of summons against the petitioners

                   ignoring the direction, issued by the learned District and Sessions

                   Judge, Madhepura in Criminal Revision No. 49/2021 vide order
Patna High Court CR. MISC. No.7116 of 2023(3) dt.24-02-2026
                                            2/3




          dated 24.03.2021, whereby the learned Sessions Judge was pleased to

          set aside the earlier cognizance order dated 24.03.2021 passed by the

          learned Chief Judicial Magistrate, Madhepura.

                       3. Brief facts of the case is that that the complainant filed

          a complaint case against three accused persons alleging, inter alia,

          that the complainant and accused Bibi Razaya Sultana were working

          at the same Police Station, due to which, a cordial relationship

          developed between them. In the year 2015, the Bibi Razaya Sultana

          allegedly demanded a sum of Rs. 10,90,000/- from the complainant

          for construction of her house, assuring that the amount would be

          returned shortly. Believing her assurance, the complainant advanced

          the said amount. However, she allegedly delayed repayment. Upon

          persistent demand, she returned Rs. 4,00,000/- in two installments in

          the year 2017 and towards the remaining amount, issued a cheque of

          Rs. 6,90,000/-. When the complainant presented the said cheque

          before the bank, the same was dishonoured due to insufficiency of

          funds. It is further alleged that when the complainant along with his

          witnesses went to the residence of the accused, demanding the

          remaining amount, all the accused persons abused and assaulted them

          and extended criminal intimidation.

                       4. The investigating authorities did not find evidence

          and submitted a final form differing from the allegations made

          in the complaint. However, the learned Chief Judicial Magistrate

          took cognizance vide the impugned order dated 05.04.2022. The
           Patna High Court CR. MISC. No.7116 of 2023(3) dt.24-02-2026
                                                       3/3




                     recitals of the complaint itself shows that the dispute pertains

                     transaction of money, which is purely of civil nature. Moreover,

                     the learned Chief Judicial Magistrate, Madhepura, passed the

                     impugned order dated 05.04.2022 in utter disregard of the well-

                     reasoned order of the learned Sessions Judge, Madhepura, in Cr.

                     Revision No. 49 of 2021, whereby the learned Sessions Judge

                     has set aside the earlier order dated 24.03.2021 passed by the

                     learned Chief Judicial Magistrate, Madhepura.

                                  5. Considering the above-mentioned facts and

                     circumstances, the impugned order dated 05.04.2022 is hereby

                     set aside and the criminal miscellaneous application is allowed.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.