Patna High Court
ABHINANDAN MISHRAversusThe State of Bihar through the Chief Secretary, Bihar, Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The petition is dismissed as infructuous because the criminal proceeding under Section 188 IPC has been dropped and no court has made a finding in favour of the petitioner.
Summary
Petitioner Abhinandan Mishra alleged that private respondents forcibly attempted to seize his ancestral land with the collusion of the then SHO, and sought a writ directing the authorities to initiate criminal proceedings under Section 188 of the IPC, compensation, and punishment of the SHO. The district magistrate had earlier issued a notice under Section 144 of the CrPC and started proceedings under Section 188 IPC, but the parties failed to appear for eleven consecutive dates, leading to the case being dropped. The State argued that the petition was infructuous as the criminal proceeding had already been terminated and that the dispute was a civil land matter. The High Court held that, in the absence of any definitive finding by a competent authority in favour of the petitioner, the writ petition could not be entertained. Consequently, the petition was disposed, with the court indicating that the petitioner could approach the appropriate forum for any further relief.
Issues considered
- Can the High Court entertain a writ petition directing criminal prosecution under Section 188 IPC when the criminal proceeding has already been dropped?
- Whether the petitioner is entitled to compensation and punishment of the SHO through this writ petition?
- Whether the writ court should intervene in a private land dispute absent a court finding.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 144
- Indian Penal Code — s. 188
Subjects
- land dispute
- criminal proceeding
- Section 188 IPC
- Section 144 CrPC
- writ jurisdiction
- petition dismissed
- compensation
- police misconduct
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.340 of 2022
======================================================
Abhinandan Mishra Son of Late Brajnandan Mishra Resident of Village - and
P.O.- Budhaul, P.s.- Nawada, Distt.- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna. Bihar
2. The Commissioner, Gaya Division , Gaya Bihar
3. The Director General of Police, Bihar Bihar
4. The District Magistrate, Nawada. Bihar
5. The Deputy Collector , Land Reforms, Nawada. Bihar
6. The Superintendent of Police, Nawada. Bihar
7. The Sub Divisional Officer, Nawada. Bihar
8. The Station House Officer, Nawada P.S. Bihar
9. The Circle Officer, Nawada Bihar
10. The Then S.H.O., Narotan , Nawada P.s. Bihar
11. Bikas Kumar Son of Sitaram Singh Resident of Village - Lilo, P.o.- Simaria,
P.s.- Pakri Baranwa, Distt.- Nawada, PIN - 805124
12. Rubi Devi W/o Niranjan Kumar Resident of Village - Dihi, P.O.- Akbarpur,
P.s.- Akbarpur, Distt.- Nawada, PIN - 805126
13. Rudra Devi W/o Shailendra Prasad Resident of Village - Jai Kishun Bigha,
P.O.- Chandi Mau, P.s.- Silao, Distt.- Nawada, At present Village and P.s.-
Hardiganj, Distt.- Nawada. PIN-805109
14. Julie Tiwari @ Amita W/O Hemant Chaubey, D/O Late Pramod Tiwari
Resident of Village and P.O.- Budhaul, P.S.- Nawada, Distt.- Nawada.
15. Khusboo Kumari D/O Late Pramod Tiwari Resident of Village and P.O.-
Budhaul, P.S.- Nawada, Distt.- Nawada.
16. Nishu Kumari D/O Late Pramod Tiwari Resident of Village and P.O.-
Budhaul, P.S.- Nawada, Distt.- Nawada.
17. Ridhi Kumari D/O Late Pramod Tiwari Resident of Village and P.O.-
Budhaul, P.S.- Nawada, Distt.- Nawada.
18. Sidhi Kumari D/O Late Pramod Tiwari Resident of Village and P.O.-
Budhaul, P.S.- Nawada, Distt.- Nawada.
19. Kanjhaiya Tiwari @ Rahul S/O Late Pramod Tiwari Resident of Village and
P.O.- Budhaul, P.S.- Nawada, Distt.- Nawada.
20. Shivam Kumar S/O Late Pramod Tiwari Resident of Village and P.O.-
Budhaul, P.S.- Nawada, Distt.- Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surendra Kumar Mishra, Adv.
Patna High Court CR. WJC No.340 of 2022(7) dt.05-02-2026
2/4
For the Respondent/s : Mr.Sheo Shankar Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
7 05-02-2026 Heard learned counsel for the petitioner as well as
learned counsel for the State/respondents.
02. The present writ petition has been filed seeking
the following reliefs:-
“(I) For directing the respondents 1st set to
initiate criminal proceeding against the
respondents 2nd set, who have violated the
proceeding of Section 188 of the IPC.
(II) For giving the compensation to the
petitioner.
(III) For punishing the then SHO,
Nawada, Respondent no. 10.
(IV) For any other relief/reliefs, which
would be appropriate in law of land.”
03. Learned counsel for the petitioner submits that
respondent nos. 11-13 forcibly tried to grab the ancestral land of
the petitioner in connivance of respondent no. 10 and Non-FIR
No. 178 of 2021 was referred to the Court of respondent no. 7.
The petitioner approached the respondent no. 7 for initiating a
proceeding under Section 144 of the CrPC and also to stop the
construction work on the disputed land. Thereafter, respondent
no. 7 issued notice to respondent nos. 11-13 to stop the work on
the land in question as proceeding under Section 144 of the
CrPC has been initiated but respondent no. 11-13 kept on
making construction on the ancestral land of the petitioner
Patna High Court CR. WJC No.340 of 2022(7) dt.05-02-2026
3/4
despite the notice. Thereafter, respondent no. 7 initiated a
proceeding against respondent nos. 11-13 under Section 188 of
the IPC and notice was issued to respondent nos. 11-13 but the
respondent nos. 11-13 violated the law and constructed the
house and grabbed the land of the petitioner. In this background,
the petitioner has filed the present writ petition seeking direction
to the respondent/authorities to proceed against respondent 2nd
set.
04. Learned counsel appearing on behalf of the
State/respondents submits that a communication has been
received from the office of the Superintendent of Police,
Nawada on 29.01.2026 wherein it has been mentioned that the
1st and 2nd party did not appear before the Court of learned
SDM, Nawada for 11 consecutive dates and hence, the
proceeding was dropped. Learned counsel further submits that
the present petition has thus become infructuous after the
proceeding ended on 18.10.2022. Learned counsel also submits
that it is a case of land dispute between the petitioner and the
private respondents and the writ Court should not enter into the
disputed question of facts since the petitioner claims the land on
the basis of family partition.
05. Having regard to the rival submissions, I am not
Patna High Court CR. WJC No.340 of 2022(7) dt.05-02-2026
4/4
inclined to proceed with the present writ petition as the
proceeding under Section 188 of the IPC has already been
dropped due to disinterest of the parties. Moreover in absence of
any unequivocal finding of any Court or competent authority in
favour of petitioner, other prayers of the petitioner could not be
considered and allowed. Therefore, in the light of the peculiar
circumstances of the case, I am of the opinion that the present
petition could not be entertained and hence, the same is
disposed of.
06. However, the petitioner is at liberty to have the
recourse of law in appropriate proceeding before appropriate
forum for redressal of the grievances, if so advised.
(Arun Kumar Jha, J)
Anuradha/-
U T
Checking your session…