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Patna High Court

BRIJ NANDAN SINGHversusThe State of Bihar

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The petition is allowed and the order dated 25.03.2019 passed by the Judicial Magistrate, Ist Class, Gaya is quashed.

Summary

The petitioners, Brij Nandan Singh and Manoj Singh, challenged the order of the Judicial Magistrate, Ist Class, Gaya dated 25.03.2019 which had taken cognizance of offences under Sections 323 and 504 IPC (among others) based on a complaint by Mahendra Kumar Singh relating to a land‑partition dispute. The complaint alleged assault, intimidation and other criminal acts, but the High Court observed that the underlying controversy was essentially a civil property dispute that had been given a criminal colour. Relying on precedents that caution against converting civil matters into criminal prosecutions and on the limited scope of Section 482 CrPC, the Court held that the magistrate’s order was an abuse of process. Consequently, the petition was allowed and the order of the magistrate was quashed.

Issues considered

  • Whether the complaint arising from a land‑partition dispute is a civil matter disguised as a criminal case.
  • Whether the High Court should exercise its jurisdiction under Section 482 of the CrPC to quash the magistrate’s order.
  • Whether the alleged acts constitute offences under the IPC warranting criminal proceedings.

Legislation cited

Subjects

  • Section 482 CrPC
  • abuse of process
  • civil dispute
  • criminal jurisdiction
  • land partition
  • IPC offences
  • quash order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8290 of 2022
                  Arising Out of PS. Case No.-1330 Year-2017 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
           1.     BRIJ NANDAN SINGH Son of Late Brahmdeo Singh Resident of Village -
                  Durgawari, P.s.- Civil line, Distt.- Gaya.
           2.    MANOJ SINGH Son of Brij Nandan Singh Resident of Village - Durgawari,
                 P.s.- Civil line, Distt.- Gaya.
                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar
           2.     MAHENDRA KUMAR SINGH Son of Sakaldeep Singh Resident of Village
                  - Shayam Talkies Campus, P.S.- Muffasil, Distt.- Gaya.
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Harsh Singh, Advocate
                                                Mr. Abhijit, Advocate
                 For the Opposite Party/s :     Mr.Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

7   16-03-2026                   Heard the parties.

                                 2. This application is being filed against the order dated

                   25.03.2019 passed in Complaint Case No.1330 of 2017 by the

                   learned Court of Judaical Magistrate, Ist Class, Gaya whereby the

                   learned Court below has been pleased to take cognizance of the

                   offences punishable under Sections 323 and 504 of the Indian

                   Penal Code against the petitioners.

                                 3. That the prosecution story in brief as set out in the

                   complaint petition inter alia is that the complainant Mahendra

                   Kumar Singh S/o Late Sakaldeep Singh, r/o Mohalla- Shayam

                   Talkies Campus, P.S. Muffasil, District- Gaya has filed a
Patna High Court CR. MISC. No.8290 of 2022(7) dt.16-03-2026
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          Complaint against 1. Chandra Shekhar Singh, 2. Brijnandan

          Singh, 3. Manoj Singh, for the offences U/s 323, 341, 448, 427,

          380/ 34 of the Indian Penal Code and 27 of the Arms Act, stating

          therein that the complainant is law abiding citizen and residing

          with family in the campus of Shayam Talkies under P.S. Muffasil,

          District-Gaya. The complainant's father were 6 brothers namely 1.

          Late Sakaldeep Singh 2. Late Pradeep Singh 3.Late Chandreshwar

          Singh 4. Jagdeep Singh 5. Brij Nandan Singh 6. Late Shalok

          Singh sons of Late Brahmdeo Singh. The complainant's father

          Late Sakaldeep Singh had joint property at village- Dema

          Fatehpur, P.S. Khijarsarai, District- Gaya as well as so many

          places in Gaya town and all the properties had been partitioned by

          the learned Civil Court, Gaya vide Partition Suit No. 43/2016. The

          complainant and his brothers namely Nagendra Singh and

          Amrendra Singh, Arun and heirs of Jagdip Singh had peaceful

          possession over properties. The complainant and his both brothers

          and heirs of Jagdeep Singh had also got some piece of land in

          partition at village Mastpura, P.S.-Bodh Gaya, District-Gaya and

          had constructed a house over the land and peacefully residing

          therein and care taker namely Bhim Bahadur of Nepal has been

          deputed for taking care of that land. It has been further alleged that

          the accused No.2 has been trying to disturb peaceful possession of
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          the complainant and for this, the accused No.2, first time on

          20.03.2016 had filed a false case in Bodh Gaya Police Station

          being Bodh Gaya P.S. Case No.95/2016 and had implicated the

          complainant and his family members in addition to Jagdeep Singh

          and his sons and grand sons. Again on 08.12.2016, the Manager of

          Brij Nandan Auto Mobile Pvt. Ltd. namely Babalu Kumar s/o

          Ajay Kumar Singh r/o Village Jamdi, P.S.- Cherki, District-Gaya

          had lodged Bodh Gaya P.S.Case No.512/16 in which beside the

          complainant's family members Jagdeep Singh and his heirs were

          made accused. On 28.07.2017 the said Manager again lodged

          Bodh Gaya P.S. Case No.458/2017 against the Complaint and his

          heirs and Bhim Bahadur Singh.

                       4. It has been further alleged that accused No.2 is a rich

          person and his intention was to dispossess the complainant and his

          brother from the land of Mastpura and for this the accused no.2

          under conspiracy has been lodging false cases or caused false

          cases to be lodged. The case lodged by the accused No.2 being

          Case No.95/2016 in which the allegation was of stealing of Motor

          Parts amounting of rupees 5 lacs,. till date police did not recover

          any articles and also in case, which was lodged by the Manager of

          the accused No. 2, accusation of stealing of Motor Parts

          amounting of rupees 5-10 lacs was made but police did not
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          recover any Motor Parts or money. The earlier criminality of the

          accused No.2 and 3 has been proved by the son of the accused

          No.2, Abhimanyu Singh, who has lodged Gandhi Maidan P.S.

          Case No.85/2015 and same has been found true and C/S has been

          submitted against the accused No.2 and 3 for the offences U/s 419,

          420, 467, 468, 469, 471, 120(B).

                       5. It has further been alleged that the accused No.2

          sometime disclosed himself as Manager of Marikraj Motors Pvt.

          Ltd. and sometime as Manager of Brijanand Auto Mobile Pvt. Ltd.

          and in connivance with Bodh Gaya Police, and under instruction

          of accused No. 2 and 3 used to lodge false cases. On 19.08.2017,

          when the complainant and his nephew Rohit Kumar Singh @

          Tuntun were at the land of Mastpura and were talking with Bhim

          Bahadur (Guard) at that time accused No.2 alongwith accused No.

          1 and 3 and 5-7 other came and started abusing.         When the

          complainant's nephew Rohit Kumar @ Tuntun protested, then the

          accused no.2 ordered to kill Mahendra (Complainant).          The

          accused No.1 put the complainant at ground and started pressing

          his neck and anyhow complainant’s nephew rescue him.

                       6. The complainant to substantiate the allegation has

          been examined under section 200 code of Criminal Procedure on

          18.07.2018, stating therein that he has lodged case against
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          Chandra Shekhar, Brij Nandan Singh and Manoj Singh for the

          occurrence of 19.08.2017 happened at Mastpura at 10.00 A.M.

          The complainant under solemn affirmation had stated that the land

          of Mastpura area belongs to him and all the accused used to abuse

          him. Brijnandan Singh, is uncle of the complainant and on his

          instance Chandra Shekhar Singh have lodged 3-4 cases.         The

          complainant under solemn affirmation has further stated that the

          said land of Mastpura was given to him in partition but possession

          has been stopped by his uncle and the accused persons always

          used to disturb him.

                       7. A bare perusal of para 3 of the complaint which

          shows that the partition suit was filed by the parties or their

          ancestor being partition suit No.43 of 1976 and the case

          essentially is in connection with this land dispute only which has

          been given the criminal colour.

                       8. In the case of Indian Oil Corpn. v. NEPC India

          Ltd., (2006) 6 SCC 736 : (2006) 3 SCC (Cri) 188 : 2006 SCC

          OnLine SC 747 at page 748, it has been held that while on this

          issue, it is necessary to take notice of a growing tendency in

          business circles to convert purely civil disputes into criminal

          cases. This is obviously on account of a prevalent impression that

          civil law remedies are time consuming and do not adequately
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          protect the interests of lenders/creditors. Such a tendency is seen

          in several family disputes also, leading to irretrievable breakdown

          of marriages/families. There is also an impression that if a person

          could somehow be entangled in a criminal prosecution, there is a

          likelihood of imminent settlement. Any effort to settle civil

          disputes and claims, which do not involve any criminal offence,

          by applying pressure through criminal prosecution should be

          deprecated and discouraged.

                       9. In the case of G. Sagar Suri v. State of U.P., (2000)

          2 SCC 636 : 2000 SCC (Cri) 513 : (2000) 100 COMP CAS

          613 : 2000 SCC OnLine SC 279 at page 643, it has been held

          that Jurisdiction under Section 482 of the Code has to be exercised

          with great care. In exercise of its jurisdiction the High Court is not

          to examine the matter superficially. It is to be seen if a matter,

          which is essentially of a civil nature, has been given a cloak of

          criminal offence. Criminal proceedings are not a short cut of other

          remedies available in law. Before issuing process a criminal court

          has to exercise a great deal of caution. For the accused it is a

          serious matter. This Court has laid certain principles on the basis

          of which the High Court is to exercise its jurisdiction under

          Section 482 of the Code. Jurisdiction under this section has to be

          exercised to prevent abuse of the process of any court or otherwise
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                      to secure the ends of justice.

                                   10. In view of the above legal settled principle of law,

                      this petition is allowed and the order dated 25.03.2019 passed in

                      Complaint Case No.1330 of 2017 by Judicial Magistrate, Ist

                      Class, Gaya is quashed.



                                                                          (Ansul, J)
sanjeev/-

U


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