Patna High Court
Ashok Kumar Choudhary vs The State Of Bihar And Ors on 15 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1152 of 2016
Arising Out of PS. Case No.-293 Year-2015 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
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Ashok Kumar Choudhary S/o Late Devendra Choudhary, R/o Lohianagar,
P.S.- Town, District- Begusarai.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Satya Prakash Mishra, S/o Unkown, S.D.O., P.S.- Town, District- Begusarai.
3. Raj Kishore Prasad Signh, S/o Unkown, Town Commissioner,
4. Mohan Prakash Madhukar, s/o Unknown, Town Commisisoner, Begusarai
Municipal Corporation, P.S.- Town, District- Begusarai.
5. Deepak Kumar, S/o Unknown, Then S.H.O. Lohianagar, District- Begusarai.
6. Niranjan Jha, S/o Unkown, Circle Officer, P.S.- Town, District- Begusarai.
7. Kaushal Kishore Singh @ Kaushal Singh, S/o Unknown, Revenue
Employee, P.S.- Town, District- Begusarai.
8. Surendra Singh, S/o Unknown, A.S.I. Lohianagar Police Station, District-
Begusarai.
9. Raman Kumar, S/o Late Shashi Bhushan Prasad Singh,
10. Ramesh Kumar Singh @ Piyush Kumar, S/o Ram Bahadur Singh
11. Rajeshwar Prasad Singh, S/o Gangotri Singh.
12. Ram Sajjan Singh @ Sajjan Singh, S/o Late Rambaran Singh.
13. Nilesh Kumar Singh, S/o Ram Lochan Singh.
14. Omkar Singh, Ward Commissioner Lohia Nagar, Begusarai S/o Late Ramji
Singh.
15. Santosh Kumar Singh, S/o Unknown.
16. Mukundkumar Singh, S/o Jagarnath Singh.
17. Roshan Kumar Singh, S/o Ram Pravesh Singh.
18. Shankar Singh S/o Late Bhola Singh.
19. Ram Kalyan Singh, S/o Ramdev Singh
All residents of Ward No. 28, P.S.- Lohianagar, District- Begusarai.
20. Manoj Kumar Singh, Munshi, Civil Court, Begusarai.
21. Amarnath Singh, S/o Unknown.
22. Ramkeshwar Singh, S/o Triprit Narayan Singh,
Patna High Court CR. REV. No.1152 of 2016 dt.15-03-2023
Both residents of Ward No. 28, PS.- Lohianagar, District- Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar Sinha, Advocate
For the Respondent/s : Mr. Sri Abhay Kumar - 1, APP
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 15-03-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
The present criminal revision has been filed against the
order dated 12.08.2016 by which the complaint petition has
been dismissed due to non-compliance of the order dated
19.01.2016 by the complainant.
Counsel for the petitioner submits that Complaint Case
No. 293C of 2015 was filed against 21 named accused persons.
Some of them are public servants and some of them are not
public servant. S.A. and enquiry witnesses took place, thereafter
vide order dated 19.01.2016 a direction was given to the
complainant to produce the sanction for prosecution for
maintaining this complaint petition and thereafter opportunity
was granted on several occasions to produce the sanction for
prosecution. Counsel further submits that it is a private
complaint and not an official complaint, therefore, sanction for
prosecution is not required for private complaint. So far as the
Patna High Court CR. REV. No.1152 of 2016 dt.15-03-2023
officials (private servants) are concerned, there is no such
allegation that they have conducted the things in the official
capacity. It has also been submitted that allegations are also
against some accused persons, who are not holding the public
post and on the ground of demand of sanction for prosecution,
the complaint petition may not be dismissed against all of the
accused persons i.e. public servant and private persons.
Counsel for State fairly submits that there is need to
proceed against the private persons, if there are material in the
complaint, S.A., enquiry witnesses against them.
From the argument and records of the case, it transpires
that there is no whisper on the merit of the case that whether
prima facie offence is made out or not, which is a necessary
requirement passing order on the point of cognizance. All
accused persons are not Public Servant and it has to be looked
into that whether they have taken any action in official capacity
or in purporting the official duty?
In this view of the matter, the order dated 12.08.2016
passed in Complaint Case No. 293C of 2015 are hereby
quashed. The matter is remitted back to the Chief Judicial
Magistrate, Begusarai to pass order a fresh considering the merit
of the case.
Patna High Court CR. REV. No.1152 of 2016 dt.15-03-2023
Accordingly, the present Cr. Revision application is
hereby disposed off.
(Dr. Anshuman, J.)
ravishankar/-
AFR/NAFR
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