Narendra Deo vs The State Of Bihar on 30 April, 2026

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    Patna High Court

    Narendra Deo vs The State Of Bihar on 30 April, 2026

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL MISCELLANEOUS No.13668 of 2023
                 Arising out of PS. Case No.-609 Year-2020 Thana- HILSA District- Nalanda
    
    
         ======================================================
    1.    Narendra Deo, Son of Late Bijendra Deo, R/o Mohalla- Uttari Koeri Tola,
          Hilsa, P.S.- Hilsa, District- Nalanda
    
    2.   Suraj Prasad @ Suraj Prasad Sinha, Son of Rajendra Prasad Sinha, R/o
         Mohalla- Uttari Koeri Tola, Hilsa, P.S.- Hilsa, District- Nalanda
    3.   Shaila Kumari, Wife of Narendra Deo, R/o Mohalla- Uttari Koeri Tola,
         Hilsa, P.S.- Hilsa, District- Nalanda
    
    4.   Sunita Devi, Wife of Suraj Prasad @ Suraj Prasad Sinha, R/o Mohalla-
         Uttari Koeri Tola, Hilsa, P.S.- Hilsa, District- Nalanda
    5.   Piyush Raj, Son of Sri Narendra Deo, R/o Mohalla- Uttari Koeri Tola, Hilsa,
         P.S.- Hilsa, District- Nalanda
    
    
                                                                             ... ... Petitioner/s
                                                 Versus
    
    
    1.   The State of Bihar
    2.   Ravindra Nath, Son of Late Raghavendra Deo, R/o Mohalla- Uttari Koeri
         Tola, Hilsa, P.S.- Hilsa, District- Nalanda.
    
                                                ... ... Opposite Party/s
         ======================================================
    
         Appearance :
         For the Petitioner/s     :        Mr. Ajay Mukherjee, Advocate
         For the State            :        Mr. Sanjay Kumar Singh, APP
         For the OP No. 2         :        Mr. Vijay Kumar Sinha, Advocate
                                           Mr. Arvind Kumar Srivastav, Advocate
                                           Mr. Satyendra Bhatnagar, Advocate
                                           Mr. Santosh Kumar, Advocate
                                           Mr. Raushan Kumar, Advocate
                                           Mr. Shivam Sinha, Advocate
                                           Mrs. Anjali Mehta, Advocate
    
         ======================================================
         CORAM: HONOURABLE MR. JUSTICE ANSUL
                         ORAL JUDGMENT

    Patna High Court CR. MISC. No.13668 of 2023 dt.30-04-2026
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    Date : 30-04-2026

    SPONSORED

    Heard Mr. Ajay Mukherjee, learned counsel for the

    petitioners, learned counsel for the informant and Mr. Sanjay

    Kumar Singh, learned Additional Public Prosecutor for the State.

    2. Petitioners seeks quashing of the order of cognizance

    dated 11.01.2023 passed by learned Additional Chief Judicial

    Magistrate-I, Hilsa, Nalanda in Hilsa P.S. Case No. 609 of 2020

    (G.R. No. 3072 of 2020) by which the cognizance was taken for

    the offences under Sections 341, 323, 325, 504, 337, 338 and

    506/34 of the Indian Penal Code.

    3. The prosecution case is that the informant, Opposite

    Party No. 2, Ravindra Nath lodged information with the allegation

    that on 28.11.2020 at 3.00 P.M. his daughter Arti Kumari was

    walking on the roof then Manish Kumar (not petitioner) and Suraj

    Kumar (not petitioner) were snapping her photographs from

    cellphone. When his daughter resisted, they threatened that they

    would enter into their house and molest her. On 02.12.2020, his

    son namely Deepak Kumar asked Manish Kumar (not petitioner)

    as to why he has snapped the photographs of his sister. Manish

    Kumar responded badly. After sometime, Manish Kumar (not

    petitioner), Suraj Kumar @ Jackey (not petitioner), Yogendra
    Patna High Court CR. MISC. No.13668 of 2023 dt.30-04-2026
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    Prasad (not petitioner), Balkrishna Mehta (not petitioner), Jairam

    Verma (not petitioner), Jai Kishan Verma (not petitioner), Suraj

    Prasad (Petitioner No. 2), Narendra Deo, (Petitioner No. 1), Piyush

    Raj (Petitioner No. 5) entered his house and started misbehaviour

    with his daughter. Manish Kumar and Suraj Kuma (not petitioners)

    disrobed his daughter and assaulted her. On his opposition,

    Narendra Deo (Petitioner No. 1) and Suraj Kumar (Petitioner No.

    2) ordered to assault him and then all the accused persons started

    assaulting them. Then Piyush Raj asked to drag them outside the

    house. Thereafter the accused persons brought them out and

    Deepak Kumar was assaulted by petitioners and others. Thereafter,

    Sunita Devi (Petitioner No. 4) and Shaila Kumari (Petitioner No.

    3) assaulted him and his daughter. The informant further alleged

    that his left finger was broken and Sunita Devi assaulted him with

    bricks and Suraj Kumar and Rajendra Prasad had pressed his neck.

    4. Learned counsel for the petitioners submits that

    initially the allegation was against the person Manish Kumar and

    Suraj Kumar who were the neigbhours and the dispute erupted

    from there. The informant in order to settle multiple scores in one

    case also dragged the petitioners who are his agnates. He further

    submits that the police had submitted final report against the

    petitioners by not sending them up for trial but learned Additional
    Patna High Court CR. MISC. No.13668 of 2023 dt.30-04-2026
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    Chief Judicial Magistrate differing with the same took cognizance.

    In earlier dispute, Miscellaneous Case No. 142 MP/2020 was filed

    by Petitioner No. 1 and Petitioner No. 2 before the learned Sub-

    divisional Judicial Magistrate, Hilsa, Nalanda for initiating

    proceeding under Section 144 Cr.P.C.

    5. The Opposite Party No. 2 has also filed Hilsa P.S.

    Case No. 616 of 2020 vide Annexure-3. It clearly shows that Maya

    Devi wife of Ram Bachan Prasad who were the neigbours had

    lodged a case with specific case against Manish Kumar. The case

    also contains a reference to Hilsa P.S. Case No. 241 of 2016

    instituted for the offences under Section 354B and other allied

    sections in which Manish Kumar was a witness.

    6. Learned counsel for the Informant as well as learned

    Additional Public Prosecutor for the State has vehemently opposed

    the quashing of the order dated 11.01.2023.

    7. The records would reveal that there is a case and

    counter-case between the parties and clearly there is a prior land

    dispute and animosity between the parties. The dispute seems to be

    with another set of persons.

    8. Further, Hon’ble Supreme Court has reiterated the

    same principle in the case of Salib alias Shalu alias Salim vs.
    Patna High
    Court CR. MISC. No.13668 of 2023 dt.30-04-2026
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    State of Uttar Pradedh and Others. reported in (2023) 20 SCC

    194. The relevant paragraph 26 reads as under:-

    “26. At this stage, we would like
    to observe something important. Whenever
    an accused comes before the Court invoking
    either the inherent powers under Section
    482
    of the Code of Criminal Procedure
    (CrPC) or extraordinary jurisdiction under
    Article 226 of the Constitution to get the
    FIR or the criminal proceedings quashed
    essentially on the ground that such
    proceedings are manifestly frivolous or
    vexatious or instituted with the ulterior
    motive for wreaking vengeance, then in such
    circumstances the Court owes a duty to look
    into the FIR with care and a little more
    closely. We say so because once the
    complainant decides to proceed against the
    accused with an ulterior motive for
    wreaking personal vengeance, etc. then he
    would ensure that the FIR/complaint is very
    well drafted with all the necessary
    pleadings. The complainant would ensure
    that the averments made in the
    FIR/complaint are such that they disclose
    the necessary ingredients to constitute the
    alleged offence. Therefore, it will not be just
    enough for the Court to look into the
    averments made in the FIR/complaint alone
    for the purpose of ascertaining whether the
    necessary ingredients to constitute the
    alleged offence are disclosed or not. In
    frivolous or vexatious proceedings, the
    Court owes a duty to look into many other
    attending circumstances emerging from the
    record of the case over and above the
    averments and, if need be, with due care and
    circumspection try to read in between the
    lines. The Court while exercising its
    jurisdiction under Section 482CrPC or
    Article 226 of the Constitution need not
    restrict itself only to the stage of a case but
    Patna High Court CR. MISC. No.13668 of 2023 dt.30-04-2026
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    is empowered to take into account the
    overall circumstances leading to the
    initiation/registration of the case as well as
    the materials collected in the course of
    investigation. Take for instance the case on
    hand. Multiple FIRs have been registered
    over a period of time. It is in the background
    of such circumstances the registration of
    multiple FIRs assumes importance, thereby
    attracting the issue of wreaking vengeance
    out of private or personal grudge as
    alleged.”

    9. The scope of consideration under Section 482 Cr.P.C.

    has been expanded now. The Hon’ble Supreme Court has held that

    in view of the fact that the complaint and FIR are sometimes

    lodged with afterthought and with due deliberation the Court is

    empowered and entitled to look at the attending circumstances and

    exercise the powers of quashing even after a prima facie case

    looks like being made out.

    10. Considering the aforesaid facts and circumstances of

    the case as well as the fact there is prior animosity and case and

    counter-case of land dispute between the parties, the order of

    cognizance dated 11.01.2023 passed by learned Additional Chief

    Judicial Magistrate-I, Hilsa, Nalanda in Hilsa P.S. Case No. 609 of

    2020 (G.R. No. 3072 of 2020) by which the cognizance was taken

    for the offences under Sections 341, 323, 325, 504, 337, 338 and

    506/34 of the Indian Penal Code is quashed so far as the
    Patna High Court CR. MISC. No.13668 of 2023 dt.30-04-2026
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    petitioners are concerned. The prosecution against all others except

    the petitioners shall be continued expeditiously.

    11. Accordingly, the present petition is allowed.

    (Ansul, J)
    Vikash/-

    AFR/NAFR              NAFR
    CAV DATE              N/A
    Uploading Date
    Transmission Date
     

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