Patna High Court
Md. Nawab Sajid Iqbal @ Md. Sajid IqbalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SOURENDRA PANDEY
Holding
The application for quashing the FIR is dismissed as the audio evidence and charge‑sheet establish a prima facie case against the petitioner.
Summary
The petitioner, Md. Nawab Sajid Iqbal, filed an application seeking quash of FIR No.445/2023 registered under IPC Sections 116, 420 and 34 alleging demand of money in a land settlement context. The prosecution relied on a viral audio clip in which the petitioner was heard demanding Rs.50,000, and a charge‑sheet was filed on 29‑03‑2025. The petitioner contended that the FIR was motivated by personal enmity, that the police investigation was defective, and invoked the Bhajan Lal test for abuse of process. The State argued that the audio provided a prima facie case of extortion and that the charge‑sheet substantiated the FIR. The Court examined the case diary, found the audio clip clearly indicated a demand for money, and concluded that the FIR was not frivolous; consequently, the application to quash the FIR was dismissed as meritless.
Issues considered
- Whether the FIR registered under Sections 116, 420 and 34 IPC can be quashed on the ground of lack of material evidence and alleged abuse of process.
- Whether the audio evidence and the charge‑sheet constitute a prima facie case sufficient to deny the quash petition.
Legislation cited
- Indian Penal Code — s. 116, 34, 420
Subjects
- quash petition
- FIR
- IPC
- extortion
- audio evidence
- abuse of process
- Bhajan Lal test
- land settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75700 of 2024
Arising Out of PS. Case No.-445 Year-2023 Thana- KURTHA District- Jehanabad
======================================================
Md. Nawab Sajid Iqbal @ Md. Sajid Iqbal S/O Md. Sajjad Alam R/o Ward
No. 33, Chitkoli, Aara, Bhojpur, PIN- 802301.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjiv Kumar Sinjha S/O LT. Sitaram Ray R/O 65, Parsa Bazar, New
Aitwarpur Kuthaul, Patna, PIN-804453.
3. Sushri Behan Sweta D/O Binod Kumar R/O Village- Aadarsh Nagar, P.O
and P.S- Harnaut, Distt- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Singh, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
CAV JUDGMENT
Date : 12-02-2026
Heard learned counsel for the petitioner and the learned
APP for the State.
2. The present application has been filed for quashing of
the FIR of Kurtha P.S. Case No. 445 of 2023 registered for the
offences under Sections 116, 420 and 34 of the Indian Penal Code.
3. The prosecution case giving rise to the present
application is to the effect that the informant gave a written report
before the Alwar police stating therein that he was the Assistant
Settlement Officer (Headquarter), Arwal and on the instructions of
Additional Collector-cum-Settlement Officer, Arwal filed the
present report alleging that the petitioner was the Special Survey
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Kanungo and was given Camp Kurtha-III, while one Ms. Behan
Sweta was allotted village Nadaura. It has been alleged that on
27.11.2023, an audio went viral with regard to some exchange of
money. The said viral audio was inquired into by the informant
and one Monika Anand, the Revenue Officer-cum-Kanungo on
29.11.2023 and during such inquiry the Survey Amin admitted that
the Special Survey Kanungo i.e. the petitioner was demanding
money from one Raiyat Chitranjan Prasad Singh through Whats
app call. It has been admitted that the money was being demanded
to be handed over to the petitioner and it has also been admitted by
Ms. Behan Sweta that the audio was made viral by her. Since the
allegation of transaction of money was made against Government
Officials which leads to corruption therefore the FIR was lodged.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated at the behest
of the informant out of personal grudge and rivalry. It has been
submitted that the petitioner was discharging his duty as per the
provisions of the Bihar Special Survey and Settlement Rules, 2012
and as amended in 2019 and the same has been admitted by the
petitioner in his statement of fact which arose from the order of
inquiry instituted on the orders of the Settlement Officer.
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5. Learned counsel for the petitioner submits that O.P.
No. 3, Ms. Behan Sweta had a dubious personality and she has
been involved in cheating many innocent persons. Learned counsel
for the petitioner submits that the police too did not conduct proper
inquiry and has collected half of the information. It has been
submitted that the petitioner had found lacunae and laches on the
part of O.P. No. 3 and hence in a revengeful enmity the present
case has been lodged.
6. The learned counsel for the petitioner further submits
that the police has proceeded ahead without taking pains to get the
video verified through a proper FSL report and only with a view to
implead the petitioner in the false case, the FIR has been lodged.
The learned counsel for the petitioner draws attention of this Court
towards Annexure-P3, whereby the petitioner had submitted his
show-cause before the Director, Assistant Director, Land Record
and Measurement, Patna wherein he had specifically stated about
huge interpolation of records in reporting and conduct of O.P. No.
2 and when warning was communicated to O.P. No. 3, Ms. Behan
Sweta she under a caucus and conspiracy implicated this petitioner
in false case.
7. Lastly, it has been submitted that the present lodging
of the FIR has been made with an ulterior motive to seek
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vengeance against the petitioner and therefore the matter is
covered by the case of State of Haryana and Ors. vs. Bhajan Lal
and Ors. reported in 1992 Supp (1) SCC 335. The learned counsel
for the petitioner has further submitted that it was the O.P. No. 3,
whose conduct was being verified and the petitioner has falsely
been implicated in this case and therefore continuation of the
criminal proceedings on the basis of the said FIR would amount to
abuse of the process of law.
8. Learned APP for the State has pointed out that the
case diary had been called for earlier and from perusal of the same,
it would be evident that the police upon investigation had decoded
the audio and from the perusal of the same it would be evident that
the petitioner had categorically made a demand of Rs. 50,000/- in
order to help the person about whom the two accused persons
namely the petitioner and Ms. Behan Sweta were talking about.
9. Learned APP further submits that from such
categorical reading of the audio clip which has been recorded in
the case diary it would be evident that there is a prima facie case
made out against the petitioner and hence a charge-sheet was
submitted against the petitioner on 29.03.2025.
10. Having heard the learned counsel for the parties and
having perused the case diary and the pleadings, it is clear that the
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police had, during the course of investigation, the audio clip in
which the petitioner is heard talking to the other co-accused and
was also found demanding certain amount.
11. In view of such categorical mention of demand of
money and taking into account that charge-sheet has already been
submitted and the petitioner has filed the present application for
quashing of the entire FIR, I do not find any material on record to
interfere with the FIR at this stage.
12. The present application is thus devoid of any merit
and is dismissed.
(Sourendra Pandey, J)
krishna/-
AFR/NAFR NAFR
CAV DATE 09.02.2026
Uploading Date 12.02.2026
Transmission Date 12.02.2026
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