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Patna High Court

Ketan Chaudhary @ Ketan Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The trial court’s dismissal of the complaint for lack of a sanction order and inconsistent witness statements is lawful, and the revision petition is dismissed.

Summary

Ketan Chaudhary filed a criminal revision challenging the order of the Judicial Magistrate, Ist Class, Darbhanga, which dismissed his complaint (Case No. 437 of 2022) under Section 203 of the Criminal Procedure Code on the ground that no sanction order was on record. The complaint alleged assault and abuse by police officials, and the trial court had examined the complainant and three enquiry witnesses whose statements were found to be inconsistent regarding the date and time of the incident. The State argued that the lack of a sanction order and divergent witness testimony justified dismissal. The High Court examined whether the trial court’s order suffered from any illegality, irregularity or impropriety and concluded that the court had duly considered the evidence and applied the law correctly. Consequently, the revision petition was dismissed, affirming the trial court’s dismissal of the complaint.

Issues considered

  • Whether the dismissal of the complaint under Section 203 Cr.P.C. for want of a sanction order is legally valid.
  • Whether the trial court committed any irregularity, illegality or impropriety in dismissing the complaint.
  • Whether the revision petition should be allowed to set aside the trial court’s order.

Legislation cited

Subjects

  • criminal revision
  • Section 203 CrPC
  • sanction order
  • police assault
  • complaint dismissal
  • irregularity
  • illegality
  • inconsistent witness statements

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        CRIMINAL REVISION No.784 of 2024
                  Arising Out of PS. Case No.-437 Year-2022 Thana- DARBHANGA COMPLAINT CASE
                                                   District- Darbhanga
                 ======================================================
                 Ketan Chaudhary @ Ketan Kumar Chaudhary Son of Dayanath Choudhary
                 Resident of- Village and PO - Darhar, Bahadurpur, P S - Bahadurpur, District-
                 Darbhanga, Bihar-846001.

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Ranjan Kumar, then the SHO Shakatpur Son of Preman Prasad Resident of
                 Village - Mai, PS - Dhanarua, District- Patna, Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Apurv Harsh, Advocate
                                                  Mr. Manu Tripurari, Advocate
                                                  Mr. Raghu Raj Pratap, Advocate
                                                  Ms. Anu Priya, Advocate
                 For the State             :      Mr. Yogendra Kumar, A.P.P.
                 For the O.P. No. 2        :      Mr. Shamir Mehra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

6   29-04-2026                                 Re :- I.A. No. 01 of 2025

                                 This is an application for condonation of delay of 290

                   days in filing the present revision application.

                                 2. For the reasons stated in the application, delay in

                   filing the revision application is condoned.

                                 3. The interlocutory application is accordingly

                   disposed of.

                                           CR. REV. No. 784 of 2024

                                 On 23.03.2026, a detailed order has been passed

                   which reads as under:-
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                                       Heard the learned counsel for the
                          petitioner and learned A.P.P. for the State.
                                       2. The present revision application
                          has been filed against the order dated
                          22.08.2023 passed in Darbhanga Complaint
                          Case No. 437 of 2022 by the Judicial
                          Magistrate, Ist Class, Darbhanga whereby and
                          whereunder the learned trial court dismissed
                          the complaint petition under Section 203 of
                          Cr.P.C. on the sole ground of want of sanction
                          order.
                                       3. As per prosecution case, the
                          complainant/informant registered a case in
                          Saketpur Police Station, Darbhanga wherein it
                          is alleged that some of the police officials along
                          with     other      assaulted     and   abused   the
                          informant/complainant. They also assaulted the
                          complainant/informant, however, some police
                          men of Laheria Sarai police station tried to
                          save the complaint/informant and took him
                          inside the police station.
                                       4. Learned counsel for the petitioner
                          submits that initially, an FIR was lodged in
                          connection               with       which        the
                          informant/complainant had gone to the police
                          station with his uncle. He further submits that
                          present case bearing Laherisarai P.S. Case No.
                          251 of 2018 was registered against O.P. No. 2
                          under Sections 341, 323, 379, 504, 506 of IPC.
                          He further submits that the Investigating Officer
Patna High Court CR. REV. No.784 of 2024(6) dt.29-04-2026
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                          has submitted final report in the said case and
                          communicated that the case is true, but
                          clueless. He further submits that a protest
                          petition has been filed in the present case i.e.
                          Laherisarai P.S. Case No. 251 of 2018. He
                          further submits that the petitioner has filed a
                          protest petition which has been treated as
                          Complaint Case No. 437 of 2022 and on
                          22.08.2023 the court, after examining the
                          complainant as well as three enquiry witnesses,
                          has dismissed the complaint after recording
                          reasoning that there is no sanction order on
                          record and dismissed the complainant petition.
                          Hence, the present revision petition.
                                       5. The learned counsel for the State
                          has vehemently submitted that in the present
                          case FIR has been lodged bearing Laheria
                          Sarai P.S. Case No. 251 of 2018 by the
                          informant/complainant and after investigation,
                          the final report has been submitted and the case
                          is found clueless and the concerned court has
                          given            ample            opportunity   to
                          complainant/informant by treating the protest
                          petition as Complainant Case No. 437 of 2022
                          and the complainant was also examined on oath
                          and produced three enquiry witnesses namely,
                          Sanjeev Kumar Chaudhary, Mithu Kumar and
                          Ranju Devi and in support of complaint, it has
                          been submitted that enquiry witness no. 1 said
                          nothing about the time and date of occurrence
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                          and enquiry witness no. 2 in his statement has
                          stated that occurrence took place on 16.05.2018
                          at about 07:30 and the court has given very
                          sound reasoning on the basis of material
                          available on record that the enquiry witnesses
                          have      divergent       statements    regarding    the
                          occurrence. Lastly, the court has also quoted
                          that sanction order is also not available on
                          record.
                                       6. In the case of revision petition, the
                          court has to see whether the order suffers from
                          illegality, irregularity and impropriety.
                                       7. While passing the impugned order,
                          the concerned court has given wider focus on
                          the statements of all the enquiry witnesses and
                          has explained how the complaint has been
                          dismissed. In this way, there is no reason to
                          differ from the finding of the concerned court.
                                       8. At this stage, learned counsel for
                          the petitioner seeks two weeks’ time to file some
                          necessary documents through supplementary
                          affidavit.
                                       9. Time, as prayed for, is granted.
                                       10. Re-list this matter on 06.04.2026.
                                       11. It is made clear that if learned
                          counsel      for    the    petitioner   fails   to   file
                          supplementary affidavit on the next date of
                          hearing, the matter would be decided on the
                          basis of the materials available on record.
                       2. On 23.03.2026, adjournment has been sought by
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          the learned counsel for the petitioner to file some necessary

          documents through supplementary affidavit on the next date of

          hearing. Again, on 06.04.2026 time was given as a last chance

          with a condition that if the same attitude continues on the next

          date of hearing, the matter would be dismissed for non-

          prosecution.

                       3. Today, learned counsel for the petitioner is present

          and no supplementary affidavit has been filed. In this way, it is

          necessary to adjudicate the matter finally.

                       4. Learned counsel for the petitioner has not filed

          supplementary affidavit but he is aggrieved with the impugned

          order passed by the concerned Magistrate. He submits that the

          informant is a victim of assault, but the learned trial court did

          not go through the material available on record and passed the

          impugned order.

                       5. Learned counsel appearing for the respondent no. 2

          submits      that     while     dismissing        the   complaint   petition

          complainant was examined and three enquiry witnesses were

          also examined in support of his complaint but their statements

          regarding the said occurrence are divergent.

                       6. Learned counsel for the State has also supported the

          order of dismissal which has been passed by the concerned
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          Magistrate.

                       7. After hearing the parties concerned, it is evident

          that in para 5 of the order dated 23.03.2026 elaborate discussion

          has been made where the learned counsel for the State has taken

          plea that all the enquiry witnesses have been examined in

          support of the complaint and enquiry witness 1 has stated

          nothing about the time and date of occurrence and enquiry

          witness 2 has stated that the occurrence took place on

          16.05.2018 at about 07:30 a.m. and the reasoning of the court is

          that enquiry witnesses have divergent statements regarding the

          occurrence and the court has quoted that sanction order is also

          not on record.

                       8. After going through the material available on

          record, it is crystal clear that while dismissing the complaint, the

          court has discussed all the enquiry witnesses and their

          statements are inconsistent with each other regarding the date

          and time of occurrence. The very core aspect of the complaint

          has not been supported by the enquiry witnesses. In this way, the

          order passed by the concerned court is not, in any way, in

          derogation of statutory provisions and there is no reason to

          differ from the finding of the concerned court and there is no

          grievance that opportunity was not given by the concerned court
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                     to adduce the evidences of enquiry witnesses rather sufficient

                     opportunity was given for examining the enquiry witnesses and

                     the court, after perusing the material on record, reached to the

                     particular conclusion and dismissed the complaint petition. The

                     contention of the learned counsel for the State as well as learned

                     counsel appearing for the O.P. No. 2 is quite tenable and

                     sustainable in the light of the facts and circumstances of the

                     case. Learned counsel for the petitioner has not succeeded to

                     prove as to why order of the learned trial court suffers from

                     irregularity, illegality and impropriety. In this way, the order of

                     the concerned court is justified and legal.

                                  9. Accordingly, the present criminal revision petition

                     stands dismissed.

                                  10. Interlocutory application(s), if any, shall also stand

                     disposed of.


                                             (Alok Kumar Pandey, J)

amitkumar/-

U      T


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