Patna High Court – Orders
Devanand vs The State Of Bihar on 27 April, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21390 of 2021
Arising Out of PS. Case No.-143 Year-1991 Thana- SIKANDRA District- Jamui
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DEVANAND S/o Late Sant Lal Yadav Resident of Mohalla- East Nand Gola,
P.S.- Malsalami, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Bhaskar Shankar, Adv.
For the Opposite Party/s : Mr.A.G
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CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
12 27-04-2026
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks quashing for the entire proceedings
dated 07.09.2020 passed in connection with Sikandara P.S. Case
No. 143 of 1991 and supplementary charge sheet dated
30.10.2019 by which the learned Sri Manish Kumar Pandey,
Judicial Magistrate 1st Class, Jamui has taken cognizance of the
offence under Sections 420, 465, 467, 409, 406, 468 and 120B
of the Indian Penal Code.
3. The prosecution case as per the F.I.R. is that the
petitioner was a Junior Engineer and he alleged that the
petitioner made irregular payment of Rs. 80,000/- to the
contractor Kamleshwari Prasad Yadav. The F.I.R. was insitituted
on 08.09.1991. The case was transferred to C.I.D on 25.06.1993
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for investigation. Thereafter, vide order dated 18.09.2003 the
case was again transferred to the concerned district police for
investigation.
4. Learned counsel for the petitioner submits that on
14.02.2017, the petitioner filed Criminal Miscellaneous No.
8958 of 2017 to quash the F.I.R. where the S.P. Jamui was
directed to submit status report with regard to investigation.
After the order was communicated to S.P. Jamui on 28.10.2019
the Dy. S.P. Jamui has submitted his final progress report vide
Memo No. 2888 dated 28.10.2019 where he recommended that
supplementary charge sheet be filed against the petitioner and
another person. On 30.10.2019 S.P. Jamui issued his report 5
cum final order Memo No. 4906 where he directed the
investigating officer to submit supplementary charge sheet
against the petitioner and to obtain order for prosecution
sanction.
5. Learned counsel for the informant and learned
Additional Public Prosecutor for the State has vehemently
opposed quashing of the order of cognizance dated 07.09.2020.
6. The story of this case shows absolute negligence
and recklessness on the part of the prosecuting agency either
C.I.D. or district police. The investigation was kept pending for
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29 years without any rhyme and reason and on prodding of this
Court a report was submitted in hot haste and despite direction
of the S.P. Jamui no prosecution sanction was obtained and the
cognizance was taken without prosecution sanction. Apart from
the monumental delay and negligence in prosecuting the case
the case is also bad in law on the ground of not obtaining the
sanction prior to cognizance.
7. Consequently, entire case dated 07.09.2020 passed
in connection with Sikandara P.S. Case No. 143 of 1991 against
all the accused persons whether they are petitioners or not
before this Court is hereby quashed so far as the petitioner is
concerned.
8. Accordingly, the present petition stands allowed.
(Ansul, J)
abhishekkr/-
U T
