Patna High Court
MILIND SINHAversusThe State of Bihar through Director General of Police, Bihar, Patna.
- Decided
- Disposal
- DISMISSED
- Bench
- ARUN KUMAR JHA
Holding
The writ petition is frivolous and an abuse of process and is therefore dismissed.
Summary
The petitioner, Milind Sinha, filed a writ petition in the Patna High Court seeking the arrest of his father and step‑mother, alleging they murdered his mother in 1989 over dowry demands. The FIR was lodged in Shillong in 2021, leading to a criminal case (Case No. 1117 of 2021) under Sections 341, 323, 306, 498A/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The court examined the long delay, the absence of any prior complaint, and the fact that the FIR was filed at a location different from the place of occurrence. It found the petition to be devoid of material evidence and motivated by ulterior motives, characterising it as frivolous and an abuse of the court's process. Consequently, the writ petition was dismissed and the petitioner was ordered to pay costs of Rs. 50,000 to the Legal Services Committee.
Issues considered
- Whether the writ petition seeking direction to arrest the accused and expedite the criminal trial is maintainable.
- Whether the petition is frivolous and constitutes an abuse of the court's process.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 306, 323, 34, 341, 498
Subjects
- writ petition
- abuse of process
- frivolous litigation
- dowry death
- Indian Penal Code
- Dowry Prohibition Act
- criminal law
- court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.863 of 2022
Arising Out of PS. Case No.-1117 Year-2021 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Milind Sinha Son of Arvind Kumar Sinha, Resident of House No. 16, Village
- Arara West, Post- Dharhara, Near Bhagwati Mandir, Police station- Sadar
Hajipur, District - Vaishali, (Bihar) - Pin Code- 844117.
... ... Petitioner
Versus
1. The State of Bihar through Director General of Police, Bihar, Patna. Bihar
2. National commission For Women, New Delhi. Bihar.
3. The Director General of Police, Bihar, Patna. Bihar
4. The Inspector General of Police, Bihar, Patna. Bihar
5. The Deputy Inspector General of Police, Vaishali, Hajipur. Bihar
6. The Superintendent of Police, Vaishali, Hajipur. Bihar
7. The S.H.O. Hajpur Sadar Police Station, District - Vaishali, Hajipur. Bihar
8. The Sub Divisional Police officer, Vaishali, Hajipur. Bihar
9. The Superintendent of Police (City), East Khasi Hills, Shillong- 793001.
Meghalay
10. Arvind Kumar Sinha Son of Shankar Prasad Sinha Resident of House No.
16, Village - Arara West , Post- Dharhara, Near Bhagwati Mandir, Police
station- Sadar Hajipur, District - Vaishali, (Bihar)- Pin Code- 844117. at
present residing upper Mawprem Sillong, P.s.- Sumdengirrii, Meghalay.
11. Sangita Sinha 3rd wife of Arvind Kumar Sinha Resident of House No. 16,
Village - Arara West , Post- Dharhara, Near Bhagwati Mandir, Police
station- Sadar Hajipur, District - Vaishali, (Bihar)- Pin Code- 844117. at
present residing Upper Mawprem Sillong, P.s. Sumdengirrii, Meghalay.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Barun Kumar Choudhary, Advocate
For the Respondent/s : Mr. Saroj Kr. Sharma, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 22-01-2026 Heard learned counsel for the petitioner. However,
there is no representation on behalf of the respondents.
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2. The present writ petition has been filed seeking
following reliefs:
“(I) For issuance of an appropriate
writ/writs, rule/rules or direction/directions
commanding the concerned official respondent
nos. 3 to 7 to arrest the respondent nos. 10 and 11
who is accused in Hajipur Sadar P.S. Case No.
1117 of 2021 dated 23.12.2021 lodged under
Section 341, 323, 306, 498A/34 of the I.P.C. and
3/4 of the D.P. Act, for the murder of informant’s
mother who was 2nd wife of respondent no. 10 and
sautan of respondent no. 11.
(II) For issuance of an appropriate
writ/writs, rule/rules or direction or directions
commanding the concerned official respondents
that after arresting the respondent nos. 10 and 11
trial of Hajipur Sadar P.S. Case No. 1117 of 2021
dated 23.12.2021 lodged under Section 341, 323,
306, 498A/34 of I.P.C. and 3/4 of the D.P. Act, may
be expedite and concluded within a certain period
and accordingly punish them as per law.
(III) For any other relief or reliefs for which
the petitioner may be found entitled thereto as this
Hon’ble Court my consider just and proper in the
facts and circumstances of the present case.”
3. From brief facts of the case as it transpires from
the record is that the mother of the petitioner died way back in
the year 1989, when the petitioner was 5 years old. After 32
years of the death of his mother, the petitioner has preferred this
writ petition with allegation against respondent nos. 10 and 11,
stated to be his father and step mother for causing death of his
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mother. The mother of the petitioner died in Hajipur, Bihar, but
the petitioner filed the FIR in Shillong, Meghalaya, the work
place of his father. The allegation against respondent nos. 10
and 11 is that they have been demanding dowry and on non-
fulfillment of their demand, the mother of the petitioner was
murdered and her dead body was cremated with the help of
maternal relatives of the petitioner. The Shillong police
registered a Zero FIR and transmitted the matter to the
Superintendent of Police, Vaishali at Hajipur and on the basis of
such complaint, Hajipur Sadar P.S. Case No. 1117 of 2021,
under Sections 341, 323, 306, 498A/34 of the I.P.C. and
Sections 3/4 of the D.P. Act was instituted against the
respondent nos. 10 and others. The petitioner previously lodged
a complaint to the National Commission for Women to the
aforesaid effect.
4. Further perusal of the record shows the Shillong
police recorded the statement of respondent no. 10, who stated
that he was already married with one Bindu Devi and thereafter,
started a live-in relationship with mother of the petitioner and
subsequently, developed intimacy with respondent no. 11 and
has been staying with her. After receipt of the complaint at
Hajipur, the matter was investigated and it appears the witnesses
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examined during investigation stated that the mother of the
petitioner died due to snake bite while she had been taking out
fire-woods for preparing the meal. It has also come in their
statements that the petitioner was taken to Shillong by
respondent no. 10, who arranged for his studies. It has also
come in the statement of the witnesses that the petitioner has
been putting pressure on his father for his share of the joint
family property and has been giving applications everywhere
against his father.
5. The background shows the present writ is an
example of the human greed which knows no boundary. The
petitioner has filed the present writ against his father and others
for causing death of his mother without bringing any material on
record except with bland averments and has the audacity to
approach this Court in the instant writ petition invoking its
extraordinary power for granting him the relief as already
mentioned. If the petitioner was only 2 to 5 months old when his
mother died, and he was taken care of by his family members
and there has been no complaints whatsoever by the parents or
siblings of the deceased mother of the petitioner for all these
years then without any explanation why there was no complaint
for unnatural death of his mother for so many years, the
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petitioner filed the FIR, that too, in Shillong and not at the place
of occurrence, the natural inference is some ulterior motive on
part of the petitioner. Further, the FIR has been lodged in
23.12.2021, when, admittedly, the petitioner has reached the age
of 32 years, but not just after attaining majority. Not filing the
case even when the petitioner attained majority in itself shows
the mischievous nature and malafide of the case of the petitioner
and therefore, the purpose behind lodging of the FIR after so
many years is not a quest for truth, but to put pressure on his
father to yield to the demands of the petitioner. Thus, the
petitioner appears to have hatched a sinister plot. Therefore, I
have no hesitation in holding that the present writ petition is
completely frivolous and is gross abuse of process of law and
act of the petitioner needs to be nipped in bud and such conduct
must be deprecated in strongest terms.
6. Hence, the instant writ petition is dismissed with
cost of Rs. 50,000/- (rupees fifty thousand only) on the
petitioner to be paid to the Patna High Court Legal Services
Committee within a period of three months. If the cost is not
deposited within three months, the Collector, Hajipur is directed
to realize the cost through the process of law.
7. Let a copy of this order be sent to the Collector,
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Hajipur for compliance.
8. At this stage, learned counsel for the State
appears.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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