Patna High Court
Jubaida Khatoon and Ors.versusState Of Bihar and Anr
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The order dated 26‑11‑2015 passed by the Judicial Magistrate, 1st Class, Bettiah is quashed and the matter is remitted for fresh consideration.
Summary
The petitioners (Jubaida Khatoon, Ladli Khatoon, Shekh Sujay, Shekh Sahab and Shekh Amjad Ali) filed a criminal miscellaneous application before the Patna High Court seeking to quash an order dated 26‑11‑2015 passed by the Judicial Magistrate, 1st Class, Bettiah, which had taken cognizance of offences against them despite a police final report clearing one accused. The High Court observed that the impugned order was a typed, non‑speaking order issued without any reasons, amounting to a cryptic order passed without application of mind. Accordingly, the Court held that such an order cannot be sustained. The application was allowed, the magistrate’s order was quashed with respect to petitioners 1, 2, 4 and 5, and the matter was remitted to the lower court for fresh consideration. The remitted proceedings must also address the petitioners’ objection that the offences are not maintainable before the Judicial Magistrate but should be tried before the Gram Kachahari.
Issues considered
- Whether a judicial magistrate’s order taking cognizance of an offence without reasons is valid.
- Whether the order can be quashed on the ground of being a non‑speaking, cryptic order.
- Whether the offences alleged are maintainable before the Judicial Magistrate or before the Gram Kachahari.
Subjects
- quashing of order
- cognizance
- non‑speaking order
- criminal procedure
- maintainability
- Gram Kachahari
- remand
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8889 of 2016
Arising Out of PS. Case No.-434 Year-2015 Thana- MAJHAULIA District- West Champaran
======================================================
1. Jubaida Khatoon W/o Shekh Sahab
2. Ladli Khatoon @ Sarwari Begam @ Ladli W/o Amjad Ali
3. Shekh Sujay @ Sheikh Sujayat S/o Late Shekh Ilakat
4. Shekh Sahab
5. Shekh Amjad Ali @ Shekh Amajad both sons of Shekh Sujay All resident of
village- Ramnagar Bankat, P.S.- Majhauliya, District- West Champaran,
Bettiah
... ... Petitioner/s
Versus
1. State Of Bihar
2. Chandni Khatoon W/o Shekh Ekram, R/o Village- Ram Nagar Bankat Tola
Shekh Toli, P.S.- Majhauliya, Dist.- West Champaran Bettiah
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey
For the Opposite Party/s : Mr. Madan Kumar App
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 06-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. At the very outset, learned counsel for the petitioner
submits that petitioner no. 3 has died and therefore this
application may be permitted to be withdrawn on his behalf.
3. Permission is accorded and accordingly, this
application is dismissed as withdrawn on behalf of petitioner no.
3 and now this application is restricted to petitioner nos. 1, 2, 4
and 5.
Patna High Court CR. MISC. No.8889 of 2016(5) dt.06-01-2026
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4. This application has been filed for quashing the
order dated 26.11.2015 passed by the Judicial Magistrate, 1 st
Class, Bettiah, West Champaran in Tr. No. 3088 of 2015 arising
out of Majhauliya P.S. Case No. 434 of 2015.
5. Learned counsel for the petitioner has submitted
that, after investigation, the police had submitted final form with
regard to the petitioner no. 2, but the Court below, differing with
the final form has taken cognizance against petitioner no. 2 and
rest of the accused persons after charge-sheet was submitted.
6. After perusal of the impugned order, it appears that
the same has been passed without assigning any reasons and is
in a typed format.
7. In the opinion of this Court, such a cryptic and non-
speaking order which has been passed without application of
mind cannot be sustained.
8. In view of the above, this application is allowed
and the order dated 26.11.2015 passed by the Judicial
Magistrate, 1st Class, Bettiah, West Champaran in Tr. No. 3088
of 2015 arising out of Majhauliya P.S. Case No. 434 of 2015 is
hereby quashed with regard to the existing petitioners i.e.
petitioner nos. 1, 2, 4 and 5 and the matter is remitted back to
the concerned Court for fresh consideration with regard to
Patna High Court CR. MISC. No.8889 of 2016(5) dt.06-01-2026
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taking of cognizance.
9. While considering the case of the petitioners, the
concerned Court below must consider the objection of the
petitioners/accused that this case is not maintainable for the
alleged offences in the Court below and the same is
maintainable before the Gram Kachahari.
(Sandeep Kumar, J)
Vikas/-
U
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