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Patna High Court

ABHINANDAN MISHRAversusThe State of Bihar through the Chief Secretary, Bihar, Patna.

Decided
Disposal
DISPOSED

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

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
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                 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
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          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


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