Patna High Court
Menka Mishra vs The State Of Bihar on 3 April, 2025
Author: Shailendra Singh
Bench: Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54170 of 2015
Arising Out of PS. Case No.-2891 Year-2012 Thana- PATNA COMPLAINT CASE District-
Patna
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1. Menka Mishra, W/o (Dr.) Anjani Kumar Mishra R/o Mohalla - Khajpura,
Murlichak Baswaritar, P.S.- Hawai Adda, P.O.- Veterinary College, Town
and Distt.- Patna
2. Prabhanjan Kumar, S/o (Dr.) Anjani Kumar Mishra R/o Mohalla - Khajpura,
Murlichak Baswaritar, P.S.- Hawai Adda, P.O.- Veterinary College, Town
and Distt.- Patna
3. Priyaranjan Kumar @ Niranjan Kumar, S/o (Dr.) Anjani Kumar Mishra R/o
Mohalla- Khajpura, Murlichak Baswaritar, P.S.- Hawai Adda, P.O.-
Veterinary College, Town and Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Upendra Kumar Singh, Advocate
Mr. Kanhaiya Kumar Singh, Advocate
For the State : Mr. Suresh Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL JUDGMENT
Date : 03-04-2025
Heard Mr. Upendra Kumar Singh, learned counsel for
the petitioners and Mr. Suresh Prasad Singh, learned APP for the
State.
2. The instant petition has been filed under Section 482
of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') with a
prayer to quash the order dated 13.05.2013 passed by the Court of
learned Judicial Magistrate 1st Class, Patna in connection with
Protest-cum-Complaint Case No. 2891(C)/2012 arising out of
Patna High Court CR. MISC. No.54170 of 2015 dt.03-04-2025
Hawai Adda P.S. Case No. 171 of 2011 by which the learned
Magistrate has taken cognizance of the offences under Sections
323 and 504 of the Indian Penal Code ( in short 'IPC') against the
petitioners.
3. Mr. Upendra Kumar Singh, learned counsel appearing
for the petitioners submits that initially the complainant, Ram
Vilash Singh, who is now no more, lodged Hawai Adda P.S. Case
No. 171 of 2011 under Sections 341, 323, 379, 504 and 506 read
with Section 34 of IPC in which the allegations levelled by the
complainant/informant were investigated and finally the police
concluded the allegations of the informant to be false and
petitioners were not sent up and the prosecution for the offences
under Sections 182/211 of IPC was recommended by the police
against the informant. The alleged occurrence is said to have taken
place on 19.09.2011 and as per the prosecution story, simply a
scuffling was being taken place in between one Rahul Singh and
the petitioners and late Anjani Kumar Mishra and as per the
prosecution story, the informant intervened in that scuffling and
while pacifying both the parties, he was pushed by the
accused/petitioners into a drain and during that course, Rs. 5500/-
was also taken out from the pocket of his trouser by the deceased
accused, Anjani Kumar Mishra and wrist watch of the informant
Patna High Court CR. MISC. No.54170 of 2015 dt.03-04-2025
was snatched by the petitioner no.1, Menka Mishra but the said
allegations are completely unbelievable and absurd and as per the
statement of C.W.-1, the informant was taken to hospital which
shows that he received medical treatment but in this regard, no chit
of paper showing his medical treatment was filed by the informant
with his protest petition while in connection with the occurrence
allegedly having taken place with the petitioners for which Hawai
Adda P.S. Case No. 170 of 2011 was registered against the
informant of the present matter and others, the police investigated
and submitted chargesheet against the informant as well as others
and owing to that reason with malafide intention, the informant,
late Ram Vilash Singh, in collusion with said Rahul Singh with
whom the petitioners had dispute and on the alleged day and time
of the occurrence as per the FIR, a scuffling was being taken place
in between them, was used by him in lodging the FIR against the
petitioners. It is further submitted that in relation to the incident of
marpit having taken place with the petitioners, sufficient medical
evidence was given during the investigation in relation to the
medical treatment of deceased petitioner, Anjani Kumar Mishra
and petitioner no. 1, Menka Mishra and in this regard, Annexure-4
is relevant and these facts are sufficient to show the malafide
intentions on the part of the informant, late Ram Vilash Singh, in
Patna High Court CR. MISC. No.54170 of 2015 dt.03-04-2025
lodging the FIR as well as in filing the protest petition after the
police submitted final form in favour of the petitioners.
4. On the other hand, Mr. Suresh Prasad Singh, learned
APP appearing for the State has vehemently opposed the prayer of
the petitioners and submits that the allegations made in the protest
petition filed by late Ram Vilash Singh are sufficient to prima
facie attract the alleged offences of which cognizance has been
taken by the learned Magistrate as all the witnesses examined on
the protest petition by the complainant, late Ram Vilash Singh,
supported the allegation of marpit and abusing and the learned trial
court has rightly taken the cognizance of the alleged offences.
5. Heard both the sides and perused the order impugned
and relevant materials. This Court finds substance in the aforesaid
grounds taken by the petitioners as the complainant failed to
produce any kind of medical evidence to support the allegation of
marpit which is said to have taken place with him on the alleged
day and time of the occurrence, whereas as per the statement of
C.W.-1, he was taken to hospital. Here it is important to mention
that the complainant, Ram Vilash Singh, lodged his FIR by filing a
written application dated 20.09.2011 while to lodge the FIR in the
petitioners' case, a written application dated 19.09.2011 had been
filed which shows that after knowing the legal action from the
Patna High Court CR. MISC. No.54170 of 2015 dt.03-04-2025
petitioners' side, late Ram Vilash Singh took step to lodge his FIR
in this matter in collusion with one Rahul Singh as both belonged
to the same village and were also made accused in petitioners'
case. These materials are sufficient to show the malicious intention
on the part of late Ram Vilash Singh in lodging the FIR as well as
in filing the protest petition and further, the allegations levelled by
him appear to be absurd and not believable and this Court is of the
view that subjecting the petitioners to trial for the alleged offences,
would be complete harassment to them and also an abuse of the
process of court, therefore, the order impugned taking cognizance
of the alleged offences, is hereby quashed and the instant Criminal
Miscellaneous Petition stands allowed.
(Shailendra Singh, J)
maynaz/-
AFR/NAFR
CAV DATE N/A
Uploading Date 07.04.2025
Transmission Date 07.04.2025
