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Patna High Court

Nagendra Kumar Yadav @ Nagendra YadavversusState Of Bihar and Anr

Decided
Disposal
ALLOWED

Holding

The Court held that the magistrate had failed to apply a judicial mind and the investigation did not disclose a prima facie case, therefore the order taking cognizance and the ensuing criminal proceeding were quashed under Section 482 of the CrPC.

Summary

The petitioner filed an application under Section 482 of the CrPC seeking to quash the magistrate's order of taking cognizance of offences under the IPC arising from a complaint by the informant alleging assault and theft. The court examined whether the materials collected during investigation disclosed a prima facie case and whether the proceeding amounted to an abuse of process. It found that the investigation lacked corroborative evidence, no recovery of the alleged stolen chain, and a key witness denied knowledge of the incident, indicating the case was motivated by political rivalry. The magistrate had taken cognizance in a perfunctory manner without applying a judicial mind. Applying the principles of State of Haryana v. Bhajan Lal, the court concluded that the prosecution was mala fide and the proceeding should be halted. Consequently, the order of cognizance and the entire criminal proceeding against the petitioner were quashed.

Issues considered

  • Whether the magistrate's order taking cognizance can be set aside under Section 482 CrPC.
  • Whether the materials on record disclose a prima facie case of the offences alleged.
  • Whether the continuation of the criminal proceeding amounts to an abuse of the process of the court.

Legislation cited

Subjects

  • Section 482 CrPC
  • quash order
  • cognizance
  • abuse of process
  • prima facie case
  • Indian Penal Code
  • magistrate
  • political rivalry
  • mala fide prosecution

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.9634 of 2018
                        Arising Out of PS. Case No.-88 Year-2015 Thana- SABAUR District- Bhagalpur
                  ======================================================
                  Nagendra Kumar Yadav @ Nagendra Yadav, Son of Late Dwarika Prasad
                  Yadav, Resident of village Kurpat, P.S. Sabour, District Bhagalpur.

                                                                                    ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar
            2.    Khushboo Goswami, Wife of Shambhu Kumar Goswami, Resident of
                  village Kurpat, P.S. Sabour, District Bhagalpur.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Ashutosh Kumar, Advocate
                                                    Ms. Geeta Kumari Jha, Advocate
                  For the State            :        Smt. Anita Kumari, APP
                  For the O.P. No.2        :        Mr. Murlidhar Mishra, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

10   03-07-2026                   1. Heard learned counsel for the petitioner as well as

                    learned counsel for the O.P. No.2 and the learned APP for the

                    State.

                                  2. The present application has been filed under

                    Section 482 of the Code of Criminal Procedure, 1973

                    (hereinafter referred to as ‘Cr.P.C.’) to quash the order dated

                    15.09.2015 passed by the learned A.C.J.M.-X, Bhagalpur

                    (hereinafter referred to as ‘Magistrate’) in connection with

                    Sabaur (Goradih) P.S. Case No.88 of 2015, wherein the learned

                    Magistrate has taken cognizance for the offences punishable

                    under Sections 341, 323, 354A, 379, 504, 506 and 509 of the

                    Indian Penal Code, 1860 against the petitioner herein.
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                       3. The prosecution case, in brief, is that the informant

          (O.P. No.2) alleged that on 08.05.2015 at about 6:30 P.M., while

          she was proceeding towards the agricultural field along with her

          sister-in-law (bhabhi), she found the petitioner allegedly

          abusing her husband near the house of one Raj Kishore

          Goswami. It is alleged that when the informant (O.P. No.2)

          objected to such conduct, the present petitioner abused and

          threatened her, forcibly snatched her gold chain, caught hold of

          her hand, attempted to drag her towards the nearby bushes and

          also assaulted her by slapping her. Thereafter, the informant

          (O.P. No.2) managed to escape form there and narrated the

          incident to her family members. Subsequently, the informant

          (O.P. No.2) submitted a written complaint resulting into

          registering of the F.I.R. bearing Sabaur (Goradih) P.S. Case

          No.88 of 2015 for the offences punishable under Sections 341,

          323, 354A, 379, 504, 506 and 509 of the Indian Penal Code.

          Upon institution of the aforesaid F.I.R., the matter was

          investigated and, after completion of investigation, the police

          submitted charge-sheet dated 26.05.2015 bearing C.S. No.92 of

          2015 against the petitioner under Section 504 of the Indian

          Penal Code.

                       4. However, the learned Magistrate noted that the
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          charge sheet has been filed against the petitioner under Sections

          341, 354A, 379, 504, 506 & 509 of the Indian Penal Code and

          vide the impugned order dated 15.09.2015 passed in connection

          with Sabour (Goradih) P.S. Case No.88 of 2015, took

          cognizance of the said offences under Sections 341, 323, 354A,

          379, 504, 506 and 509 of the Indian Penal Code against the

          petitioner. Being aggrieved by the said order taking cognizance

          and the continuation of the criminal proceeding arising

          therefrom, the petitioner has invoked the inherent jurisdiction of

          this Court under Section 482 of the Cr.P.C. seeking quashing of

          the impugned order as well as the entire criminal proceeding.

                       5. Learned counsel for the petitioner submits that the

          impugned order taking cognizance has been passed in a

          mechanical manner without proper application of judicial mind

          to the materials collected during investigation. He submits that

          the allegations made in the F.I.R. are false, motivated and have

          been levelled only to harass the petitioner on account of local

          political rivalry, as the husband of the O.P. No.2 (informant) was

          allegedly contesting the election for the post of Pramukh.

          Learned counsel further submits that the criminal prosecution

          has been maliciously instituted with an ulterior motive and is,

          therefore, liable to be quashed.
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                       6. Learned counsel for the petitioner further submits

          that the materials collected during investigation do not disclose

          the commission of the offences alleged against the petitioner. He

          submits that no recovery of the alleged stolen gold chain has

          been effected, there is no independent witness supporting the

          prosecution version and the statements recorded during

          investigation do not furnish sufficient material to proceed

          against the petitioner. It is submitted that even if the allegations

          are accepted on their face value, the essential ingredients of the

          offences alleged are not made out against the petitioner.

                       7. Learned counsel further submits that the learned

          Magistrate failed to examine whether the materials placed

          before the him disclosed sufficient grounds for proceeding

          against the petitioner and proceeded to take cognizance in a

          routine and perfunctory manner. It is submitted that the

          impugned order does not reflect due application of mind to the

          case diary or the evidence collected during investigation.

          Learned counsel, therefore, submitted that permitting the

          criminal prosecution to continue would amount to an abuse of

          the process of the Court, warranting interference by this Court

          in exercise of its inherent jurisdiction.

                       8. Per contra, learned counsel appearing on behalf of
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          O.P. No.2 submits that the F.I.R. as well as the materials

          collected during investigation disclose the commission of

          cognizable offences against the petitioner. It is contended that

          the learned Magistrate has rightly taken cognizance upon being

          satisfied with the materials available on record and that the

          issues raised by the petitioner involve disputed questions of fact,

          which can only be adjudicated during trial. However, he

          concedes that the charge sheet was filed against the petitioner

          only under Section 504 of Indian Penal Code.

                        9. Learned APP for the State submits that at the stage

          of taking cognizance, the learned Magistrate is only required to

          ascertain whether a prima facie case is made out and not to

          undertake a meticulous appreciation of the evidence. He further

          submits that appropriate order may be passed in the interest of

          justice.

                        10. I have anxiously considered the rival submissions

          advanced on behalf of the parties and have carefully perused the

          pleadings, the impugned order, and the materials brought on

          record. The issue which falls for consideration before this Court

          is whether, in the facts and circumstances of the present case

          and     the     materials     collected      during   investigation,   the

          continuation of the criminal proceeding and the impugned order
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          taking cognizance warrant interference in exercise of the

          inherent jurisdiction of this Court under Section 482 of the

          Cr.P.C.

                       11. Before adverting to the rival contentions, it would

          be apposite to notice the scope of the inherent jurisdiction of

          this Court under Section 482 of the Cr.P.C.. The power under the

          said provision is of an extraordinary nature and is required to be

          exercised      sparingly,      with     circumspection   and   only   in

          exceptional cases to prevent abuse of the process of any Court

          or otherwise to secure the ends of justice. At the stage of

          considering a prayer for quashing, the Court is not expected to

          undertake a meticulous appreciation of the evidence or

          adjudicate upon the correctness of the allegations. The only

          enquiry is whether the uncontroverted allegations contained in

          the F.I.R. and the materials collected during investigation, taken

          at their face value, prima facie disclose the commission of any

          offence and justify the continuation of the criminal prosecution.

          If the allegations, even if accepted in their entirety, do not

          constitute the ingredients of the alleged offences, or where the

          prosecution is manifestly attended with mala fides or amounts to

          an abuse of the process of the Court, the inherent jurisdiction

          under Section 482 may justifiably be invoked. Conversely,
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          where the materials disclose a prima facie case giving rise to

          disputed questions of fact requiring appreciation of evidence,

          such matters are ordinarily left to be adjudicated during trial.

                       12. Upon a careful perusal of the materials collected

          during the investigation, including the case diary, this Court

          finds that although serious allegations have been levelled

          against the petitioner, the same do not find adequate

          corroboration from the materials collected during investigation.

          The Investigating Officer has not brought on record any

          convincing material to substantiate the allegations of snatching

          of the gold chain or outraging the modesty of the O.P. No.2.

          Significantly, no recovery of the alleged stolen chain has been

          effected during investigation, nor is there any material

          indicating that the investigation yielded any objective evidence

          in support of the allegations.

                       13. This Court further finds that one of the material

          witnesses, namely Raj Kishore Goswami, near whose house the

          alleged occurrence is stated to have taken place, has not

          supported the prosecution version during investigation. On the

          contrary, he categorically stated before the Investigating Officer

          that he had no knowledge of the alleged occurrence. He further

          disclosed that the present case had been instituted on account of
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          an earlier monetary dispute involving the husband of the O.P.

          No.2 (informant) and certain local persons. The statement of

          such an independent witness, who was expected to have

          knowledge of the occurrence if it had actually taken place at the

          alleged place of occurrence, materially weakens the prosecution

          case at its very inception. The other independent witnesses also

          do not support the allegations made in the F.I.R.

                       14. It further appears from the case diary that despite

          the absence of any substantial corroborative material and

          notwithstanding the statements recorded during investigation,

          the Investigating Officer proceeded to submit charge-sheet and

          the learned Magistrate took cognizance without adverting to

          these significant aspects of the matter. The impugned order does

          not reflect any independent application of judicial mind to the

          quality of the materials collected during investigation or the

          apparent inconsistencies emerging therefrom. The order merely

          proceeds on the basis of submission of the police report without

          recording satisfaction as to the existence of sufficient grounds

          for proceeding against the petitioner.

                       15. In the considered opinion of this Court, the

          materials collected during investigation, even if accepted at their

          face value, do not disclose sufficient grounds to justify the
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          continuation of the criminal prosecution against the petitioner.

          Rather, the case diary itself gives rise to a reasonable doubt

          regarding the genesis of the prosecution and lends support to the

          plea that the criminal proceeding has been initiated on account

          of prior animosity. In such circumstances, compelling the

          petitioner, to undergo the rigours of a criminal trial would

          amount to an abuse of the process of the Court and would not

          serve the ends of justice, thereby warranting interference by this

          Court in exercise of its inherent jurisdiction under Section 482

          of the Cr.P.C.

                       16. Moreover, the facts of the present case, when

          tested on the touchstone of the principles laid down by the

          Hon’ble Supreme Court in State of Haryana & Ors. v. Bhajan

          Lal &Ors., reported in 1992 Supp (1) SCC 335, unmistakably

          bring the case within the ambit of the categories warranting

          exercise of the inherent jurisdiction of this Court. The materials

          collected during investigation fail to prima facie substantiate the

          allegations levelled against the petitioner and, on the contrary,

          disclose circumstances creating serious doubt regarding the very

          genesis of the prosecution. The statement of the material

          witness, coupled with the absence of any corroborative evidence

          in support of the allegations, renders the continuation of the
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          criminal proceeding wholly unjustified. In the considered

          opinion of this Court, the present prosecution appears to be

          manifestly attended with mala fide and has been instituted with

          an ulterior motive arising out of previous enmity and political

          rivalry. Consequently, the present case squarely falls within

          Categories illustratively enumerated in Bhajan Lal (supra),

          namely, that the uncontroverted allegations and the materials

          collected do not disclose the commission of a cognizable

          offence justifying continuation of the prosecution, the evidence

          collected fails to make out a case against the petitioner, and the

          criminal proceeding appears to have been maliciously instituted

          with an ulterior motive for wreaking vengeance. Therefore,

          continuation of the criminal proceeding would amount to an

          abuse of the process of the Court.

                       17. In view of the aforesaid discussion, this Court is

          of the considered opinion that the learned Magistrate failed to

          examine whether the materials collected during investigation

          disclosed sufficient grounds for proceeding against the

          petitioner and proceeded to take cognizance in a routine manner

          without due application of judicial mind. The continuation of

          the criminal proceeding, despite the absence of prima facie

          material and in the face of the infirmities noticed hereinabove,
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                        would result in unnecessary harassment to the petitioner and

                        would amount to an abuse of the process of the Court. This

                        Court is, therefore, satisfied that the present case is a fit one for

                        exercising its inherent jurisdiction under Section 482 of the

                        Cr.P.C. to secure the ends of justice and to prevent abuse of the

                        process of law.

                                     18. Resultantly, the order dated 15.09.2015 passed by

                        the learned A.C.J.M.-X, Bhagalpur, in connection with Sabaur

                        (Goradih) P.S. Case No.88 of 2015, whereby cognizance has

                        been taken for the offences punishable under Sections 341, 323,

                        354A, 379, 504, 506 and 509 of the Indian Penal Code against

                        the petitioner, is hereby set aside and the entire criminal

                        proceeding arising out of the aforesaid police case, so far as it

                        relates to the present petitioner, also stands quashed.

                                     19. The present Criminal Miscellaneous Application

                        is, accordingly, allowed.

                                     20. Interim order(s), if any, stands vacated.

                                     21. Let a copy of this order be transmitted to the Court

                        concerned forthwith for needful and compliance.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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