Patna High Court
Ranjay Kumar Verma @ Ranju And Ors vs State Of Bihar And Anr on 26 June, 2024
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42160 of 2018
Arising Out of PS. Case No.-511 Year-2017 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
1. Ranjay Kumar Verma @ Ranju S/o Late Deoki Nandan Prasad,
2. Alakhdeo Prasad S/o Late Behaso Mahto,
3. Dinesh Kumar S/o Mahabir Mahto,
4. Satyendra @ Sato Prasad @ Sato Kumar S/o Late Ramchandra Mahto,
5. Ashok Prasad S/o Gobind Mahto, All R/o Vill.- Paharpura, P.S.- Bihar,
Distt.- Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sidhnath Prasad S/o Late Mohan Mahto, R/o Vill.- Paharpur, P.S.- Bihar,
Distt.- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL JUDGMENT
Date : 26-06-2024
1. The petitioners have filed the present application for
quashing of the order of cognizance dated 22.03.2018 passed by
the learned C.J.M., Nalanda at Biharsharif in Complaint Case
No. 511-C of 2017 arising out of Bihar P.S. Case No. 280 of
2016 whereby cognizance under Section 379 I.P.C. has been
taken against the petitioners.
2. On 25.06.2016 at 4:00 P.M. the complainant / informant
submitted a written report before the Police stating therein that
on 18.06.2016 the Opposite Party No. 2 had gone to his field in
Patna High Court CR. MISC. No.42160 of 2018 dt.26-06-2024
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order to see the potato crops where he found that all the accused
persons / petitioners along with 15-16 unknown persons were
indulged in the loot of potatoes standing in 14 Kathas of the
informant's land. When the informant protested and prevented
the accused persons from looting the potato produce, Ranjay
Kumar Verma (i.e. petitioner no. 1) on gun point threatened the
informant that if they would be prevented from taking away the
potato, the informant would be killed. It has also been stated
that in the past also the informant has lodged a case against the
petitioner no. 1 / Ranjay Kumar Verma and his brothers.
3. Learned counsel for the petitioners submits that for an
occurrence which has allegedly taken place on 18.06.2016 the
F.I.R. has been lodged on 25.06.2016 on the basis of a
concocted story. The Police investigated the matter and
submitted final form not sending the petitioners for trial with the
finding that accusation against the petitioners are untrue. The
Police also recommended for initiating prosecution against the
informant / opposite party no. 2 under Sections 182 / 211 of the
I.P.C.
4. The informant had filed a protest petition in connection
with Bihar P.S. Case No. 280 of 2016 which was numbered as
Complaint Case No. 511-C of 2017 and after examining the
Patna High Court CR. MISC. No.42160 of 2018 dt.26-06-2024
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complainant and four witnesses cognizance has been taken
against the petitioners under Section 379 I.P.C.
5. Learned counsel further submits that Police in his final
form has categorically stated that petitioners have been
implicated at the behest of some other persons. The wife of
petitioner no. 1 is the Ward Councillor and the petitioners have
been implicated on the basis of political rivalry and village
dispute.
6. Referring to Annexure-1 which is the First Information
Report bearing Bihar P.S. Case No. 280 / 2016, learned counsel
submits that on 18.03.2016 the opposite party no. 2 filed a
petition before the District Magistrate, Nalanda stating therein
that the accused persons / petitioners destroyed the potatoes
which were standing in the field of the informant for which
Bihar P.S. Case No. 23 of 2016 has been lodged and accordingly
a sum of Rs. 1,00000/- was demanded by the informant /
opposite party no. 2 from the District Magistrate, Nalanda by
way of compensation. The F.I.R. bearing Bihar P.S. Case No. 23
of 2016 alleging destruction of potato crop was lodged on
16.01.2016
and the informant sought compensation from the
District Magistrate on 18.03.2016 which is the harvesting
season of potato crop.
Patna High Court CR. MISC. No.42160 of 2018 dt.26-06-2024
7. Learned counsel submits that potato plantation starts in
October-November and it is harvested from January to March. It
is specific case of the informant in the F.I.R. bearing Bihar P.S.
Case No. 23 of 2016 and in his petition for compensation before
the District Magistrate, Nalanda that in March itself the potato
crops were destroyed by the petitioners. In the present F.I.R.
lodged on 25.06.2016 allegation has been levelled against the
petitioners that on 18.06.2016 the potato crops were looted by
petitioners.
8. Upon joint reading of the allegation made in the first
F.I.R., the petition filed by the informant for compensation
before the District Magistrate, Nalanda and the statement made
in the present F.I.R. bearing Bihar P.S. Case No. 280 of 2016 it
would be evident that a contradictory allegation has been made
against the petitioners inasmuch as once the potato crops were
destroyed in January / March itself, there is no question of the
same being again destroyed in June, 2016. The protest- cum-
complaint petition has been filed without any supporting
affidavit in order to harass the petitioners for political rivalry
and the learned Magistrate without appreciating the facts in
totality has taken cognizance against the petitioners under
Section 379 of the I.P.C. mechanically.
Patna High Court CR. MISC. No.42160 of 2018 dt.26-06-2024
9. On the other hand, learned counsel for the Opposite
Party No. 2 opposed the prayer for quashing and submits that
petitioner no. 1 is a person of criminal background. Petitioner
no. 1 is having criminal antecedent of thirteen cases which has
been mentioned in the counter affidavit filed by the opposite
party no. 2. Learned counsel further submits that the
Investigating Officer in both the cases i.e. Bihar P.S. Case No.
23 of 2016 and Bihar P.S. Case No. 280 of 2016 are the same.
On 18.06.2016 the informant went to the Police Station for
lodging F.I.R. but the local Police Station refused to take F.I.R.
On 21.06.2016 the I.O. of Bihar P.S. Case No. 23 of 2016 issued
notice to all the accused persons under Section 41 of the Cr.P.C.
and on 23.06.2016 the accused persons including the petitioner
no. 1 furnished personal bond in terms of Section 41(2) Cr.P.C.
Thereafter, the informant approached the S.P., Nalanda in his
Janta Darbar and the present F.I.R. has been lodged on
25.06.2016 and the complainant / informant is seventy eight
years old person and has supported the allegation made in the
protest- cum- complaint petition on S.A. and four witnesses
have also supported the allegation against the petitioners.
10. Learned counsel for the petitioners in reply submits
that due to political reason eleven cases were lodged against the
Patna High Court CR. MISC. No.42160 of 2018 dt.26-06-2024
petitioner no. 1 out of which cognizance has been taken against
the petitioner no. 1 in four cases and other cases have been
dropped and final form has been submitted.
11. I have heard learned counsel for the parties and gone
through the materials available on record. From perusal of the
allegation made in the F.I.R. lodged by the opposite party no. 2
on 16.01.2016 bearing Bihar P.S. Case No. 23 of 2016 it appears
that the opposite party no. 2 has alleged damage of his potato
crop by the petitioners complaining that the petitioners forcibly
stopped irrigation facility in the field of the opposite party no. 2
as such the potato crops worth about Rs. 100000/- were
damaged.
12. The petitioners have submitted that plantation season
of potato crop is in the month of October- November and
harvesting takes place in March - April. This fact is not disputed
by the other side.
13. As per the first version of the opposite party no. 2 /
informant the potato crops were damaged due to forcible action
of the petitioners in March itself for which the opposite party
no. 2 sought compensation before the District Magistrate,
Nalanda, Bihar Sharif by filing an application on 18.03.2016
which was subsequently refused by the District Magistrate vide
Patna High Court CR. MISC. No.42160 of 2018 dt.26-06-2024
letter dated 05.09.2016 on the ground that potato crops have
been damaged due to the personal dispute between the
petitioners and the informant.
14. It is also a fact that the matter was investigated by the
Police and the Police after thorough investigation found the case
lodged against the petitioners as untrue and submitted final form
not sending the petitioners for trial.
15. Taking into consideration the two versions made in the
first F.I.R. lodged by the informant / opposite party no. 2 and the
present F.I.R., this Court is of the opinion that complaint has
been filed in abuse of the process of the Court and the learned
Magistrate has taken cognizance without application of judicial
mind and in a mechanical manner.
16. Accordingly, the Court is inclined to quash the order
taking cognizance dated 22.03.2018 passed in Complaint Case
No. 511-C of 2017.
17. At this stage, a request was made to the learned
counsel appearing for the petitioners to pay a sum of Rs.
25,000/- as litigation and other cost incurred by the opposite
party no. 2 on the ground that the opposite party no. 2 is a poor
farmer.
18. Learned counsel without prejudice to right and
Patna High Court CR. MISC. No.42160 of 2018 dt.26-06-2024
contention of the petitioners agrees to pay Rs. 25,000/- to the
complainant / opposite party no. 2 within three weeks.
19. In the result, the order dated 22.03.2018 passed by
learned C.J.M., Nalanda at Biharsharif in Complaint Case No.
511-C of 2017 arising out of Bihar P.S. Case No. 280 of 2016 is
quashed.
20. It is made clear that if a sum of Rs. 25,000/- is not
paid by the petitioners to the opposite party no. 2 within the
aforesaid time, the opposite party no. 2 shall be at liberty to file
a petition for revival of this quashing application.
(Anil Kumar Sinha, J)
praful/-AFR
AFR/NAFR AFR
CAV DATE NA
Uploading Date 28-06-2024
Transmission Date 28-06-2024
