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Patna High Court

Arvind Pratap ShahiversusState Of Bihar and Anr

Decided
Disposal
ALLOWED

Holding

The order dated 21‑08‑2014 passed by the SDJM, Bagaha, is quashed as the prosecution is mala fide.

Summary

The petitioner, a Circle Officer, was accused of colluding with co‑accused to illegally mutate the complainant's land. He filed an application seeking to quash the order dated 21‑08‑2014 passed by the Sub‑Divisional Judicial Magistrate, Bagaha, which upheld the mutation. The petitioner contended that the order was passed mechanically without applying mind and that the mutation had been effected following due process, relying on the Supreme Court’s decision in State of Haryana v. Bhajan Lal. The State opposed the application. After examining the record, the Court held that the prosecution was mala fide and, applying the principles laid down in Bhajan Lal, found the order unsustainable. Consequently, the petition was allowed and the impugned order was quashed.

Issues considered

  • Whether the order passed by the Sub‑Divisional Judicial Magistrate can be quashed on the ground of mala fide prosecution.
  • Whether the principles laid down in State of Haryana v. Bhajan Lal are applicable to set aside the criminal proceeding.

Subjects

  • land mutation
  • quash of criminal proceedings
  • mala fide prosecution
  • Bhajan Lal doctrine
  • administrative abuse
  • criminal miscellaneous

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7315 of 2016
                   Arising Out of PS. Case No.-1286 Year-2013 Thana- WEST CHAMPARAN COMPLAINT
                                                  District- West Champaran
                  ======================================================
                  Arvind Pratap Shahi Son of Raj Kishore Shahi Resident of 36 - MIG,
                  Sidharth Puram, P.S. Cant Thana, District - Gorakhpur at Present Circle
                  officer Sidhwalia P.S. Sidhwalia, District - Gopalganj

                                                                               ... ... Petitioner/s
                                                       Versus
            1.    State Of Bihar and Anr
            2.    Mustaque Ahmed Son of Late Ali Hussain Resident of village - Siswa
                  Basantpur, P.S. Chautawa, District - West Champaran

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr. Jeetendra Narayan, Adv.
                  For the Opposite Party/s :    Mr. Jharkhandi Upadhyay, App
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

11   06-01-2026                   Heard the parties.

                                 2. The present application has been filed on behalf of

                    the petitioner for quashing the order dated 21.08.2014 passed by

                    the learned SDJM, Bagaha in Complaint Case No. 1286(c) of

                    2013 in Tr. No. 5306 of 2014.

                                 3. As per the prosecution case, the accused persons, in

                    collusion with the petitioner, who was Circle Officer and Halka

                    Karamchari, has mutated the land of the complainant in the

                    name of the other co-accused.

                                 4. It has been submitted by the learned counsel for the

                    petitioner that the impugned order has been passed without

                    application of mind and the same has been passed in a
          Patna High Court CR. MISC. No.7315 of 2016(11) dt.06-01-2026
                                                      2/2




                    mechanical manner. He further submits that the mutation has

                    been carried out after following the due process.

                                 5. In support of his submissions, learned counsel for

                    the petitioner has relied upon the judgment of the Hon’ble

                    Supreme Court passed in the case of State of Haryana Vs.

                    Bhajan Lal reported in 1992 Supp (1) SCC 335.

                                 6. Learned counsel for the State has vehemently

                    opposed the application of the petitioner.

                                 7. Upon perusal of the facts of the case and the

                    materials available on record, the present prosecution appears to

                    be mala fide one and considering the law laid down by the

                    Hon’ble Supreme Court in the case of State of Haryana Vs.

                    Bhajan Lal(Supra), the same cannot be allowed to continue.

                                 8. In view of the above, this application is allowed

                    and accordingly, the order dated 21.08.2014 passed by the

                    learned SDJM, Bagaha in Complaint Case No. 1286(c) of 2013

                    in Tr. No. 5306 of 2014 is hereby quashed.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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