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Patna High Court

Dev Kumar MishraversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court quashed the order of cognizance, holding that the complaint was procedurally defective and the proceeding amounted to an abuse of the criminal process.

Summary

The petitioners sought quashing of a Judicial Magistrate’s order of cognizance dated 08‑05‑2024 in a complaint alleging assault, robbery and related offences under IPC sections 323, 341, 379, 504 and 34. The complaint alleged that the petitioners attacked the complainant with lathis and stole a gold locket, but no medical report, injury certificate or documentary evidence of the alleged assault was produced. The petitioners argued that the complaint was filed mala fide, lacked the mandatory sworn affidavit and verification required by the Supreme Court in Priyanka Srivastava v. State of U.P., and therefore the magistrate should not have taken cognizance. The Court examined the absence of medical corroboration and the non‑compliance with verification requirements, finding the complaint prima facie weak and the proceeding an abuse of process. Relying on Priyanka Srivastava and the principles in State of Haryana v. Bhajan Lal, the High Court held that the magistrate had acted without applying judicial mind and quashed the order of cognizance.

Issues considered

  • Whether a criminal complaint must be supported by a duly sworn affidavit and verification as mandated by Priyanka Srivastava v. State of U.P.
  • Whether the absence of medical or documentary evidence defeats the prima facie case of assault and robbery.
  • Whether the Judicial Magistrate erred in taking cognizance without examining the sufficiency of the complaint, amounting to abuse of process.

Legislation cited

Subjects

  • criminal procedure
  • quash order
  • cognizance
  • abuse of process
  • verification affidavit
  • IPC
  • complaint
  • high court

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.72033 of 2024
     Arising Out of PS. Case No.-2410 Year-2023 Thana- SARAN COMPLAINT CASE District-
                                              Saran
     ======================================================
1.    Dev Kumar Mishra Son of Sri Kapil Dev Mishra Village- Mohabbat Parsha,
      Ps- Rivilganj, Dist- Saran at Chhapra Patna, Bihar.
2.   Nitesh Mishra @ Rajesh Mishra son of Sri Dev Kumar Mishra Village-
     Mohabbat Parsha, Ps- Rivilganj, Dist- Saran at Chhapra Patna, Bihar.
3.   Risabh Mishra @ Rishyap Ritesh Son of Dev Kumar Mishra Village-
     Mohabbat Parsha, Ps- Rivilganj, Dist- Saran at Chhapra Patna Bihar.
4.   Shailesh Mishra @ Anish Kumar son of Sri Dev Kumar Mishra Village-
     Mohabbat Parsha, Ps- Rivilganj, Dist- Saran at Chhapra Patna, Bihar.
                                                               ... ... Petitioner/s
                                      Versus
1.   The State of Bihar
2.    Chaturbhuj Mishra son of Late Tuntun Mishra Village- Mohabbat Parsha,
      Ps- Rivilganj, Dist- Saran at Chhapra Patna, Bihar.
                                                          ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Pravashankar Mishra, Advocate
     For O.P. No.2          :       Mr.Binod Murari Mishra, Advocate
     For the State          :       Mr.Manoj Kumar, A.P.P.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
     MISHRA
     ORAL JUDGMENT
      Date : 08-01-2026

                       Heard learned counsel for the petitioners, learned

      counsel for the O.P. No.2 and learned counsel appearing on

      behalf of the State.

                       2. The present application has been preferred for

      quashing the order of cognizance dated 08.05.2024, passed by

      the learned Judicial Magistrate, First Class, Saran at Chapra, in

      Complaint Case No. 2410 of 2023, whereby cognizance has

      been taken against the petitioners for the offences punishable

      under Sections 323, 341, 379, 504 and 34 of the Indian Penal

      Code.
Patna High Court CR. MISC. No.72033 of 2024 dt.08-01-2026
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                         3. The prosecution case, as alleged in the

         complaint, is that on 13.06.2023 while complainant was

         ploughing his ancestral field, in the meantime, all of sudden

         petitioners allegedly arrived, armed with lathi and danda and

         started assaulting the complainant and snatched his gold locket.

         It is further alleged that the complainant was saved by the

         arrival of witnesses and thereafter took treatment at the Primary

         Hospital Revelganj. It is also alleged that the police refused to

         register his case, compelling him to file the present complaint.

                         4. Learned counsel for the Petitioners submits that

         the present complaint case has been instituted with mala fide

         intention and is a misuse of the criminal process. It is contended

         that the complaint is not supported by a duly sworn affidavit, as

         mandatorily required under the law laid down by the Hon’ble

         Supreme Court in the case of Priyanka Srivastava & Anr. v.

         State of U.P. & Ors., reported in (2015) 6 SCC 287, which was

         prescribed to prevent abuse of the criminal machinery. It is,

         therefore, submitted that in absence of such affidavit and proper

         verification, the initiation and continuation of the criminal

         proceeding against the petitioners is unsustainable in law.

                         5. Learned counsel for the Petitioners further

         submits that though the complainant is alleged to have received
Patna High Court CR. MISC. No.72033 of 2024 dt.08-01-2026
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         medical treatment at a Primary Hospital, but no medical report,

         injury certificate or any documentary material evidence has

         been brought on record to substantiate such allegation, which

         according to learned counsel, falsifies the prosecution version

         and undermines the credibility of the present case.

                         6. It is further submitted that the assertion of the

         complainant regarding having approached the police authorities

         for registration of the information is not supported by any

         documentary material, such as a written complaint or

         acknowledgment. In absence of any such supporting material,

         the said allegation remains unsubstantiated.

                         7. It is, therefore, finally contended that the learned

         Magistrate       has    mechanically        taken   cognizance   without

         examining whether the basic ingredients of the alleged offences

         are prima facie made out and without scrutinizing the absence

         of supporting material, thereby resulting in abuse of the process

         of the Court.

                         8. Learned counsel for the complainant and the

         State supported the impugned order and submitted that a prima

         facie case is made out against the petitioners and, therefore, this

         Court shall not interfere in the order of cognizance.

                         9. Having heard the submissions of the learned
Patna High Court CR. MISC. No.72033 of 2024 dt.08-01-2026
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         counsel for the parties and upon perusal of the materials on

         record, it appears that the complainant has alleged assault and

         has further stated that he received medical treatment at a

         Primary Health Centre. However, despite such allegation, no

         medical report, injury certificate or any contemporaneous

         documentary evidence has been brought on record to

         substantiate the claim of injuries or treatment. In the facts of the

         present case, the absence of any medical corroboration

         materially weakens the allegation of assault and creates serious

         doubt regarding the prosecution version at the stage of taking

         cognizance.

                         10. This Court further finds that the complaint is

         neither supported by a duly sworn affidavit nor there is any

         material to indicate due compliance of the procedural safeguards

         meant to regulate invocation of the criminal process. The

         aforesaid omission is not in conformity with the principles laid

         down by the Hon’ble Supreme Court in the case of Priyanka

         Srivastava & Anr. v. State of U.P. & Ors., reported in (2015) 6

         SCC 287, which requires strict adherence to verification

         requirements to prevent abuse of the criminal machinery.

                         11. This Court is also guided by the principles

         enunciated by the Hon’ble Supreme Court in State of Haryana
             Patna High Court CR. MISC. No.72033 of 2024 dt.08-01-2026
                                                         5/5




                      v. Bhajan Lal, reported in 1992 Supp (1) SCC 335, wherein the

                      categories of cases warranting exercise of inherent jurisdiction

                      have been delineated, including cases where the allegations do

                      not disclose the commission of any offence or where the

                      proceedings are manifestly attended with mala fide intention.

                                      12. The learned Magistrate, while passing the

                      impugned order, has not adverted to the absence of medical

                      corroboration or the lack of proper verification and has taken

                      cognizance without application of judicial mind.

                                      13.     In    view       of   the   aforesaid   facts   and

                      circumstances, this Court is of the considered opinion that

                      continuation of the criminal proceeding against the petitioners

                      would amount to abuse of the process of Court.

                                      14. Accordingly, the present Cr. Miscellaneous is

                      allowed. The order dated 08.05.2024 passed by the learned

                      Judicial Magistrate First Class, Saran at Chapra, in Complaint

                      Case No. 2410 of 2023, taking cognizance of the offences

                      against the petitioners, is hereby quashed.


                                                           (Rudra Prakash Mishra, J)
manish/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.01.2026
Transmission Date       20.01.2026


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