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Patna High Court

BRAJENDRA KUMAR SINGHversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The dispute over the sale deed is a civil matter of breach of agreement, not a criminal offence, and the revisional order is upheld.

Summary

The petitioner, Brajendra Kumar Singh, paid full consideration for a piece of land and obtained possession, but when he sought registration the accused refused to execute the sale deed, assaulted him and threatened his life, alleging cheating. He filed a criminal complaint invoking IPC sections 420, 406 and 323. The trial court took cognizance, but the revisional court set aside that order, holding the dispute to be civil in nature. The petitioner appealed for quashing the revisional order. The High Court, relying on the Supreme Court’s decision in Murari Lal Gupta v. Gopi Singh, held that a breach of a sale agreement is not a criminal offence and that a title suit is pending, so the matter must be dealt with as a civil suit. Consequently, the petition to quash the revisional order was dismissed.

Issues considered

  • Whether the alleged refusal to execute a sale deed and related threats constitute criminal offences under IPC sections 420, 406 and 323.
  • Whether the court can take cognizance of the dispute as a criminal matter or must treat it as a civil suit for breach of agreement of sale.
  • Whether the revisional order setting aside the trial court’s cognizance is legally valid.

Legislation cited

Subjects

  • Criminal Law
  • Cheating
  • Criminal Breach of Trust
  • Assault
  • Sale Deed
  • Cognizance
  • Revisional Jurisdiction
  • Civil Suit
  • Property Dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82624 of 2019
                    Arising Out of PS. Case No.-1050 Year-2017 Thana- BHOJPUR COMPLAINT CASE
                                                     District- Bhojpur
                 ======================================================
                 BRAJENDRA KUMAR SINGH Son of Late Ram Layak Singh Resident of
                 Village-Kasap, Police Station-Udwantnagar, District-Bhojpur.


                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Birendra Pratap Singh Son of Late Shriram Singh Resident of Village-
                 Kasap, Police Station-Udwantnagar, District-Bhojpur.
           3.    Rana Pratap Singh @ Rana Birendra Singh Son of Birendra Pratap Singh
                 Resident of Village-Kasap, Police Station-Udwantnagar, District-Bhojpur.



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Arun Kumar Pandey, Advocate
                 For the State            :    Mr.Jharkhandi Upadhyay, APP
                 For the O.P. No. 2 and 3 :    Mr. Sunil Srivastava, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   27-01-2026                     Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for O.P. Nos. 2 and 3.

                                2. The present application has been filed for quashing

                   the order dated 14.08.2019 passed by learned Additional

                   Sessions Judge-IIIrd, Bhojpur at Ara in Cr. Rev. No. 94/2018

                   whereby and whereunder learned court below has set aside the

                   order taking cognizance dated 12.02.2018 passed by learned

                   C.J.M., Ara in protest complaint case no. 1050(c)/2017 arising

                   out of Udwantnagar P.S. Case No. 442/2016 in which learned
Patna High Court CR. MISC. No.82624 of 2019(6) dt.27-01-2026
                                            2/3




          court has taken cognizance against O.P. Nos. 2 and 3 under

          Sections 420, 406 and 323 of the Indian Penal Code.

                       3. As per the prosecution case, petitioner paid the full

          amount for the land and was given possession, which he

          peacefully used for agriculture. When he later asked for

          registration, the accused abused, assaulted and threatened him

          with death and they refused to execute the sale deed and tried to

          cheat him.

                       4. Learned counsel for the petitioner submits that the

          petitioner had filed a criminal case against accused persons and

          the lower court accepted it and took cognizance. However, the

          revisional court rejected the same and considered it a civil

          matter and not criminal. Learned counsel further submits that as

          the case involves criminal offenses, it is a criminal case.

                       5. Learned A.P.P. for the State as well as learned

          counsel for O.P. Nos. 2 and 3 have jointly supported the order

          passed by the lower court.

                       6. From the materials available on record, it appears

          that the impugned order dated 14.08.2019 has rightly been

          passed by the learned court below and in view of the law laid

          down by the Hon’ble Supreme Court in the case of Murari Lal

          Gupta vs. Gopi Singh reported in (2005) 13 SCC 699, it is a
              Patna High Court CR. MISC. No.82624 of 2019(6) dt.27-01-2026
                                                          3/3




                        case of violation of agreement of sale for which no criminal

                        case is made out. Moreover, a title suit is also pending between

                        the parties.

                                     7. Accordingly, this application stands dismissed.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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