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Patna High Court

RAJNISH KUMAR @ RAJNISH KR. SINHAversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court held that it cannot interfere with the magistrate’s order taking cognizance on the basis of defence material and dismissed the applications.

Summary

The petitioners filed applications seeking to quash a order dated 24 May 2018 by the Judicial Magistrate, 1st Class‑cum‑Principal Magistrate, Madhepura, which had taken cognizance of offences under Sections 417, 420, 448, 504 and 506 of the Indian Penal Code arising from a land‑pond dispute. The complainant alleged that the petitioners had illegally interfered with a pond situated on land he claimed to have purchased in 2002 and subsequently registered in 2016. The petitioners contended that the dispute was purely civil and that no criminal case could proceed, urging the court to consider their defence material at the stage of cognizance. The State and the second opposite party opposed the petitioners’ prayer. The Court observed that defence material cannot be entertained at the stage of taking cognizance and that it is not within its jurisdiction to set aside the magistrate’s order on that basis. Consequently, the Court dismissed the applications, granting the petitioners liberty to raise all grounds at the charge‑framing stage.

Issues considered

  • Can a High Court quash a magistrate’s order taking cognizance of offences on the ground that the matter is a civil dispute?
  • Whether defence material can be considered by the High Court at the stage of taking cognizance?
  • Whether the High Court has jurisdiction to interfere with the magistrate’s order of cognizance?

Legislation cited

Subjects

  • civil dispute
  • criminal cognizance
  • quash order
  • Indian Penal Code
  • jurisdiction
  • preliminary hearing
  • defence material

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.86302 of 2019
                  Arising Out of PS. Case No.-641 Year-2017 Thana- MADHEPURA COMPALINT CASE
                                                   District- Madhepura
                 ======================================================
                 SHAMBHU KUMAR @ SHAMBHU KUMAR ROY Son of Sri Sitaram Roy
                 Resident of Village - Shankarpura, P.S.- Hasanpur, Distt - Samastipur.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar Bihar
           2.    Vijayeshwar Prasad Singh Son of Late Motishwar Prasad Singh Resident of
                 Village - Alamnagar, P.S.- Alamnagar, Distt - Madhepura.

                                                        ... ... Opposite Party/s
                 ======================================================
                                                    with
                           CRIMINAL MISCELLANEOUS No. 78215 of 2019
                  Arising Out of PS. Case No.-641 Year-2017 Thana- MADHEPURA COMPALINT CASE
                                                   District- Madhepura
                 ======================================================
                 RAJNISH KUMAR @ RAJNISH KR. SINHA Son of Sri Digambar Prasad
                 Sinha Resident of Village-Chandipur, P.S.-Warsaliganj, District-Nawada.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar Bihar
           2.    Rajnish Kumar Singh S/O Late Vijayeshwar Prasad Singh R/O-Alamnagar,
                 PS-Alamnagar, District-Madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 86302 of 2019)
                 For the Petitioner/s     : Ms.Mahasweta Chatterjee, Advocate
                 For the State            : Mr.Shantanu Kumar, APP
                 For the O.P. No. 2       : Mr.Avinash Kumar , Advocate
                 (In CRIMINAL MISCELLANEOUS No. 78215 of 2019)
                 For the Petitioner/s     : Mr.Shailendra Kumar Singh, Advocate
                 For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
                 For the O.P. No. 2       : Mr.Avinash Kumar , Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   27-01-2026                Heard the parties.

                              2. The present applications have been filed for
Patna High Court CR. MISC. No.86302 of 2019(7) dt.27-01-2026
                                            2/3




          quashing the order dated 24.05.2018 passed by the Judicial

          Magistrate, 1st Class-cum- Principal Magistrate, Madhepura in

          Complaint Case No. 641/2017 by which learned Magistrate has

          taken cognizance of offence under Sections 417, 420, 448, 504

          and 506 of the Indian Penal Code against the petitioners and one

          another accused.

                       3. As per the prosecution case, complainant,

          Vijyeshwar Prasad Singh, filed a complaint on November 8,

          2017, against three accused persons regarding a pond situated

          on specific land plots belonging to Prem Kumar Singh’s

          ancestor. The complainant claimed he purchased the land in

          2002, and after the original owner’s death, the land was sold and

          registered in 2016 with a government lease created.

                       4. Learned counsel for the petitioners submits that it is

          a case of civil dispute for which no criminal case can proceed

          and therefore, the complainant needs to file a civil suit before

          the concerned court below.

                       5. Learned counsel for the State as well as learned

          counsel for the O.P. No. 2 have jointly opposed the prayer of the

          petitioners.

                       6. From the submissions of the petitioners, it appears

          that at the stage of cognizance, the petitioners want this Court to
              Patna High Court CR. MISC. No.86302 of 2019(7) dt.27-01-2026
                                                          3/3




                        consider the defence material which cannot be considered by

                        this Court even at the stage of framing of charge.

                                     7. In these circumstances, I am of the opinion that this

                        Court should not interfere with the order taking cognizance on

                        the basis of the defence materials produced by the petitioners.

                                     8. Accordingly, this application stands dismissed with

                        liberty to the petitioners to raise all the grounds at the stage of

                        framing of charge in accordance with law.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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