Patna High Court
Dr. Pramod Kumar Varma vs State Of Bihar And Anr on 2 May, 2024
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41820 of 2015
Arising Out of PS. Case No.-1082 Year-2015 Thana- PATNA COMPLAINT CASE District-
Patna
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Dr. Pramod Kumar Varma S/o Late R.K. Verma resident of Plot No. 224
'A' Patliputra Colony, P.S. Patliputra, District - Patna
... ... Petitioner
Versus
1. The State of Bihar
2. Sri Anand Kishore Sinha S/o Late N.K.N. Singh resident of Plot No.
201, Patliputra Colony, P.S. Patliputra, District - Patna
... ... Opposite Parties
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Appearance :
For the Petitioner/s : Mr.Amit Shrivastava, Sr. Advocate
Mr.Girish Pandey, Advocate
For the O.P. No.2 : Mrs.Roona, Advocate
Mr.Kshitiz Kumar, Advocate
Ms.Kumari Yaggik Kulsherstha, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 02-05-2024
Heard Mr. Amit Srivastava, learned senior counsel
appearing for the petitioner, learned counsel for the opposite
party no. 2 and learned A.P.P. of the State.
2. This application has been filed to quash the
order taking cognizance dated 06.08.2015 under Section
420, 468, 471 and 120B of the Indian Penal Code (in short
the 'I.P.C.') passed by learned Judicial Magistrate - 1st Class
Patna in Complaint Case No. 1082(C)/2015.
3. Facts in brief speaks that complainant while he
was the member and Secretary of the P.H.C. Society Ltd,
Patna High Court CR. MISC. No.41820 of 2015 dt.02-05-2024
Patna, where accused/petitioner namely, Pramod Kumar
Verma was also a member as well as the President of
society, fraudulently submitted the annual report and
dishonestly worked as President without any valid resolution,
the minutes of the meeting were manipulated and circulated
by Pramod Kumar Verma (the petitioner). The complainant
was worried regarding the act of the accused under the Co-
operative laws. The files and documents were taken by the
accused and decisions were taken for illegal gratification.
There was several numbers of such cases where benefits
were given to the plot owners and also N.O.C. was issued.
Thereafter, the complainant and some of the Board Members
have demanded a white paper from the accused-petitioner in
the A.G.M. but the accused refused to provide the same. The
complainant further alleged that plot no. 138 was in front of
his house which was earmarked for a market complex and
more than 10 Lakhs were spent for that, but the accused-
petitioner did not allow the complex to complete and
interpolated the minutes of the A.G.M. and further that in
connivance with his brother-in-law, who is the present
Patna High Court CR. MISC. No.41820 of 2015 dt.02-05-2024
Secretary, did not take possession of eight kathas of land
situated in Manpura. The complainant further alleged that
the accused-petitioner has also signed several cheques
without having proper authority.
4. Learned senior counsel Mr. Amit Srivastava
appearing on behalf of the petitioner submitted that the
complaint is purely private in nature and, moreover, in view
of counter affidavit dated 21.12.2023 as filed by
complainant namely, Anand Kishore Sinha, nothing survives
in this matter and, as such, any consequential proceeding
would only amount to abusing the process of court of law
and, as such, this case is fit to be quashed and set-aside.
5. Learned counsel appearing on behalf of the
complainant while arguing this matter affirmed the contents
of affidavit as sworn by the complainant on 21.12.2023.
6. It would be apposite to reproduce the counter
affidavit filed on behalf of the complainant/opposite party no.
2, which is as under:
"Counter Affidavit on behalf of Opposite Party No.
I, Anand Kishore Sinha, aged about 80 years (Male) son
of Late N.K.P. Sinha, Resident of House No. 201,
Patliputra Colony, P.S. - Patliputra, Distt.-Patna, do hereby
Patna High Court CR. MISC. No.41820 of 2015 dt.02-05-2024
solemnly affirm and state as under:
1. That the deponent is the Ex-Secretary and the
petitioner is Ex-President of Patliputra House Construction
Society Ltd.
2. That the Complaint Case No. 1082 of 2015 was filed
by me which was primarily related Official act of the
petitioner in capacity of President/Vice President of the
Cooperative Society.
3. That during pendency of this case the witnesses in the
complaint case namely, Md. Nasim, S/o Late SM Jalil,
Resident of 291, Patliputra Colony and witness No. 2
namely, Prem Shankar Thakur, son of Late B. Thakur,
Resident of 286, Patliputra Colony passed away.
4. That I have attained 80 years of age and as such I am
no more interested in pursuing the Complaint Case No.
1082 of 2015. Moreover, the petitioner Dr. P.K. Verma
has sold his property situated at Patliputra Colony and
shifted to Bangalore for his family reasons.
5. That with passage of time many changes have taken
place and the Patliputra Cooperative Society is functioning
under Adhoc arrangement made by Cooperative
Department from time to time and the real cause as
agitated in the Complaint Case has extinguished.
6. That in the larger interest the deponent does not want
to press the Complaint Case as the cause has extinguished
and in changed circumstance no useful purpose would be
served if the complaint case is allowed to continue.
7. That the statements made in this affidavit are true to
my knowledge and belief derived from the record of the
case which I believe to be true."
7. In view of the aforesaid contents of the counter
affidavit, as filed by complainant on 21.12.2023, nothing
survives to proceed further in this matter. Accordingly, the
impugned order dated 06.08.2015 as passed by learned
Judicial Magistrate - 1st Class, Patna in connection with
Complaint Case No. 1082(C)/2015 with all its consequential
Patna High Court CR. MISC. No.41820 of 2015 dt.02-05-2024
proceedings qua petitioner stands quashed and set-aside.
8. Accordingly, this application stands allowed.
9. Let a copy of this order be sent to learned trial
court forthwith.
(Chandra Shekhar Jha, J.)
Rajeev/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.05.2024
Transmission Date 02.05.2024
