Patna High Court
Govind Tulshyan vs The State Of Bihar Through Department Of ... on 8 August, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74370 of 2024
Arising Out of PS. Case No.-307 Year-2024 Thana- KANKARBAG District- Patna
======================================================
1. Govind Tulshyan S/o Bajrang Lal R/o E 31, Dairy Road, Adarsh Nagar, P.S-
Adarsh Nagar, North West Delhi
2. Mrinal Tulshyan S/o Govind Tulshyan R/o E 31, Dairy Road, Adarsh Nagar,
P.S- Adarsh Nagar, North West Delhi
... ... Petitioner
Versus
1. The State of Bihar through Department of Home, Old Secretariat, Patna
Bihar
2. Avinash S/o Gopal Sharan Sinha R/o B 36, Housing Colony, Lohia Nagar,
P.S. - Kankarbagh, Distt. - Patna, Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioners : Mr. Gouranga Chatterjee, Senior Advocate
Mr. Nilanjan Chatterjee, Advocate
Mr. Ujjawal Raj, Advocate
Mr. Anirvan Choudhari, Advocate
Mr. Sahil Kumar, Advocate
For the State : Mr. Ganesh Prasad Singh, APP
For the O.P. No.2 : Mr. Sumit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
CAV JUDGMENT
Date : 08-08-2025
Heard Mr. Gouranga Chatterjee, learned senior
counsel appearing for the petitioners and Mr. Ganesh Prasad
Singh, learned APP for the State duly assisted by Mr. Sumit
Kumar, learned counsel appearing for informant/O.P. No.2.
2. The present application preferred under Section
482 of the Code of Criminal Procedure (in short 'CrPC') by the
petitioners for quashing of the First Information Report (in
short 'FIR') of Patna Kankarbagh P.S. Case No.307 of 2024
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
2/15
registered under Sections 420, 406, 467, 568, 471, 504, 506
and 120-B of the Indian Penal Code (in short 'IPC').
3. The case of prosecution is based upon the
written report of informant/O.P. No.2, namely, Avinash
submitted before the S.H.O. Kankarbagh Police Station,
alleging therein that in the year 2022, he came in contact with
one Kumar Ankit at Noida, who told him that his brother-in-
law Harman Sabarwal resides at Noida, who could manage
government work in different States. The informant
thereafter, met with Harman Sabarwal, who assured him to
provide a construction work of cold storage in the State of
Tripura and for that favour, asked for some money. The
informant paid some money through RTGS on the assurance
of Harman and Kumar Ankit. After some time, when the
informant did not get any work, he asked them to return his
money but, Harman stated that he will manage a contract
work for the purpose of carrying covid-19 vaccines and for the
said work, he again demanded money. The informant paid Rs.
1.67 crores through RTGS. It is further alleged that in the
entire conspiracy, other than Harman, his wife Simran,
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
3/15
Mukesh Kumar Jha, Govind Tulshyan, Mrinal Tulshyan, Kumar
Ankit and others were also involved. The informant gave the
details of payment of Rs.2.84 crores to Harman. It is further
alleged that the informant made enquiry from Harman about
the work but, he again only gave false assurance. Thereafter,
the informant learnt that Harman and Govind have been
arrested by EOW, Delhi for committing fraud by duping the
people in the name of getting the transportation contract of
vaccine. The informant thereafter gave the details of four
cases, where in two of the cases, the petitioner no.1 is
accused. It is further alleged that the accused persons in
conspiracy with each other created false government
documents and cheated Rs.4.15 Crores from the informant.
Lastly, it is alleged that Harman made an agreement with the
informant that he would return the money but, did not return
the same, therefore, the present case has been filed.
4. On the basis of aforesaid written report, Patna
Kankarbagh P.S. Case No.307 of 2024 has been registered
against all the named accused persons including the
petitioners under Sections 420, 406, 467, 468, 471, 504,
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
4/15
506 and 120-B of the IPC.
5. It is submitted by Mr. Gouranga Chatterjee,
learned senior counsel appearing for petitioners that
petitioners have been implicated falsely with the present case
and in fact they themselves are the victim of circumstances,
as they were also cheated by the same person. It is submitted
that the petitioners have been implicated with this case only
because petitioner no.1 was made accused in FIR No.36 P.S.-
AVADI-CCB (Chennai) dated 27.09.2022 and EOW P.S. Case
No.56 dated 13.04.2022 although there are no apparent
allegation available against the petitioner except suspicion. It
is also pointed out that petitioner no.2 is a man of clean
antecedent.
6. It is further submitted by Mr. Chatterjee that
petitioners and informant are not acquainted with each other.
They have never ever interacted with each other, as it
appears from the FIR itself. It is pointed out that an
agreement was entered into between co-accused Harman
Sabarwal and informant to get government contract by illegal
means and as main the co-accused Harman transferred
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
5/15
certain amount of money to the account of these petitioners
out of his acquaintance, the petitioners were implicated with
present case only. It is further submitted that to refund the
entire amount to informant/O.P. No.2, the compromise was
executed between main co-accused Harman Sabarwal and
informant, and as such any liability for receiving money by
petitioners was asolved by informant himself. The informant
agreed through agreement that the petitioners are not under
any liabilities. It is submitted that in view of same, no
cognizable offence can be made out against petitioners and,
therefore, the present FIR is liable to be quashed/set aside in
view of the legal report of Hon'ble Supreme Court as available
through State of Haryana vs. Bhajan Lal [1992 Supp.
(1) SCC 335].
7. It is further submitted that paying illegal
gratification for government contract in itself is a criminal act
but, merely on the basis of suspicion that the petitioners were
the part of conspiracy, the present FIR was lodged, without
having any basis.
8. Mr. Sumit Kumar, learned counsel appearing for
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
6/15
the informant/O.P. No.2 submitted that the petitioners have
received amount of Rs.55 lakhs in their account and,
therefore, the conspiracy cannot be ignored at this stage. It is
further submitted therefore that conspiracy prima facie
cannot be ruled out and the matter requires in length
investigation. Hence, there is no occasion to interfere with the
present FIR.
9. It would be apposite to reproduce the FIR of
Kankarbagh P.S. Case No.307 of 2024 for better
understanding of factual aspect, which is as under:-
"lsok esa]
Fkkuk izHkkjh]
dadM+ckx Fkkuk iVuk fcgkjA
fo'k;& /kks[kk/kMh djds 4-25 djksM+ :i;s Bxh djus vkSj
okil ekaxs tkus ij ekjus dh /kedh nsus okys nksf'k;ksa ds
fo:) izkFkfedh ntZ djus ds laca/k esaA
egksn;]
eSa vfouk"k firk Jh xksiky "kj.k flUgk fuoklh
ch@34 gkmflax dksyksuh yksfg;kuxj iVuk Fkkuk dadM+ckx
dk fuoklh gwaA Jheku lky 2022 ds "kq:vkr esa esjh
eqykdkr dqekj vafdr ls uks;Mk esa gqbZ A ckrphr ds dze
esa vafdr us eq>s crk;k fd mldk cguksbZ gjeu lcjoky
tks fd uksbZMk esa jgrk gSA yksxksa dks vyx vyx jkT;ksa esa
dke fnyokrk gSA fQj esjh eqykdkr gjeu lcjoky ls gqbZ
vkSj mlus eq>s f=iqjk jkT; esa dksYM LVksjst daLVªD"lu dk
fnyokus dk oknk fd;kA blds ,ot esa gjeu ls rRdky
mls dqN :i;s nsus dks dgkA dqekj vafdr ls eq>s igys ls
igpku Fkh vkSj mlus Hkh Hkjkslk fn;k fd gjeu dke
fnyok nsxkA geus gjeu lcjoky ,oa dqekj vafdr dh
ckrks ij Hkjkslk djds vkj0Vh0th,l0 ds ek/;e ls gjeu
dks iSlk fn;k ysfdu le; chr tkus rFkk f=iqjk esa dke
ugha feyk rks gjeu ls vius iSls okil ekaxs ysfdu gjeu
us eq>s cksyk fd oks eq>s nqljk dke fnyok nsxsA mlds
vuqlkj ;g dke dksfoM 19 ds oSDlhu ds <qykbZ dk dke
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
7/15
Fkk blds ,ot esa gjeu lcjoky eq>s iSls ekaxsA eSaus iqu%
mls ,oa mlds crk;s x;s [kkrksa esa vkj0Vh0th0,l0 ds
ek/;e ls iSls dqy 1-67 djksM+ :i;s tek djok;sA bl iqjs
'kM;a= esa gjeu ds vykok mldh iRuh flej.k lcjoky]
eqds"k dqekj >k] xksfoUn rqyfL;ku feuky rqyfL;ku dqekj
vafdr ,oa vU; "kkfey gSA vkj0Vh0th0,l0 fooj.k bl
izdkj gS%&
1. To Harman Sabharwal, IDFC Bank , Sec. 77,
Noida, 03.06.2022 A/c No.10069657906 Fifty
lakhs
2. To Harman Sabharwal, Indus Ind Bank , Sec.
77, Noida, 07.04.2022 A/c No.250021101978
Fifty lakhs
3. To Mukesh Kumar Jha, Indus Ind Bank , Sec.
77, Noida, 07.04.2022 A/c No.15011411190
fifteen Lakhs
4. To Harman Sabharwal, Indus Ind Bank , Sec.
77, Noida, 13.07.2022 A/c No.151121011978
Thirteen lakhs
5. Govind Electioal IDFC Bank, New Delhi
5/7/2022
A/C No.10066589391 Forty lakhs
6. Minnal Tulsiyan Kotak Bank 05.08.2022
A/c No.2013650593 Fifteen lakhs
blds vykok gjeu ds ekaxus ij ekpZ tqykbZ 2022 ds
vof/k esa vyx vyx frfFk;ksa ij vius dadMckx fLFkr
vkokl ij gjeu vkSj mlds lkfFk;ksa dks Hkh uxn iSlk Hkh
fn;kA eSaus vius fe=ksa ,oa fj"rsnkjksa ls enn dtZ ds rkSj
ij gjeu dk dqy 2-48 djksM+ :i;s uxn fn;sA dkQh
le; chr tkus ds ckn Hkh tc gjeu dke ugha fnyok
ik;kA rks eSaus mldks iwNrkN dh mlesa eq>s vk"oklu
fn;k fd os dke tYnh "kq: djok nsxk fQj irk pyk fd
gjeu lojoky ,oa xksfoUn dks ubZ fnYyh esa bZ0vks0MCyw0
fxjQ~rkj dj fy;k gSA ;g Hkh ekywe gqvk fd budks
dksfoM 19 HksfDlu <qykbZ ds QthZokMs ds vkjksi esa
fxjQ~rkj fd;k x;k gSA
Jheku~ gjeu lcjoky xksfoUn rqyfL;ku ,oa vU; ij
lslh /kks[kk/kM+h ds vU; dsl ,oa ,Q0vkbZ0vkj0 ntZ gSA
1. FIR No.0191 Sector 17, Faridabad dated
10.08.2021 under sections
420,467,468,471,13\20B
2. FIR No.0056 PS ECW New Delhi dated
13.04.2022 under section
406,420,467,468,471,120-B
3. FIR No.0155 PS ECW New Delhi date
13.04.2022 under section
406,420,467,468,471,120-B
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
4. FIR no.36 PS AVADI CCB (Chennai) dated
27.09.2022 under section 406,420,34,33
Jheku~ ;s lHkh yksxks us lqfu;ksftr
lkft"k@'kM;a= ds rgr eq>s dke fnykus ds uke ij rFkk
QthZ ljdkjh nLrkost cukdj >wBk vk"oklu nsdj eq>ls
Bxh dj esjk 4-15 djksM+ :i;k Bx fy;k gSA muds }kjk
miyC/k djk, mDr ljdkjh nLrkost iw.kZr% QthZ gSA
esjs ncko cukus ij gjeu lcjcky us eq>s dgk fd tks
iSlk ykSVk nsxk blds fy, mlus eq>ls fyf[kr ,djkjukek
Hkh djk;kA ysfdu vkt rd mlus esjk ,d Hkh iSlk ugha
ykSVk;k gSa vHkh rd eSaus dkQh iz;kl fd;k ysfdu gjeu
flQZ >wBk vk"oklu gh nsrk jgk vr% dkQh iz;klksa ds
ckotwn iSls ugha feyus ij vkt fnukad&03-05-2024 dks
Fkkuk esa izkFkfed ntZ djus gsrq vkosnu dj jgk gwaA
Jheku uez fuosnu gS fd ;Fkk"kh?kz bl vkosnu
ij laKku ysdj mDr ukfer nksf'k;ksa ds fo:) FIR ntZ
fd;k tk, rFkk muds fo:) mfpr dkuwuh dkjZokbZ dh
tk, ftlls fd esjs lkFk fd;s x;s Bxh ds 4-15 djksM+
:Ik;s bu /kks[ksckt ls okil fey ldsA blds fy, eSa
lnSo vkidk vkHkkjh jgwaxkA
lwpd
Encl. RTGS copies sd Illegible
FIR copies Avinash
Ekrarnama B-36, Housing Colony
Lohia Nagar Patna 800020
Mobile no 8872416667
Date 03.05.2024"
10. It would be apposite to reproduce the deed of
compromise/mutual agreement between informant/O.P. No.2
and main co-accused Harman Sabarwal, which is as under:-
"DEED OF COMPROMISE/MUTUAL SETTLEMENT
This Deed of Compromise / Mutual Settlement is
being executed on this 9th day of January, 2024, of
NOIDA between the aforementioned first party and the
second.
MR. AVINASH, S/O GOPAL SHARAN SINHA R/O,
HOUSE NO. 3588, SECTOR-69, S.A.S NAGAR,
(MOHALI) PUNJAB-160062. hereinafter known as the
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
first party.
AND
HARMENN SABHERWAL, S/O S.S SABHERWAL, A
consultant R/H- PRATEEK WISTERIA, SECTOR-77,
GAUTAM BUDDHA NAGAR, U.P. hereinafter known
as the Second Party
Whereas, Dated - 09/01/2024. Now again, the
second party is bonafidely accepting to refund the
entire amount to the tune by 4.15 crore,
therefore, both the parties have entered into a
compromise and mutual understanding and the
terms and conditions of which are as under:
1. Earlier two agreements were entered into on
1st November, 2022 and again on 4th November
2023 between the FIRST PARTY and SECOND
PARTY but the second party failed to terms and
conditions of the agreement. The SECOND PARTY
did not return the amount as agreed, till this date.
2. Now, the present agreement entered between
the parties, gives another opportunity to the
SECOND PARTY to pay the amount which is Rs.
4.15 crore by 28.01.2024, failing which, the
FIRST PARTY shall institute a criminal case
against the SECOND PARTY for cheating and
criminal breach of trust, which are offenses under
Indian Penal Code.
3. The SECOND PARTY has promised to return
Rs. 4.15 crore, which he has taken from the
FIRST PARTY and admitting the liability of Rs.
4.15 crore to be discharged in favor of the FIRST
PARTY. The amount of Rs. 4.15 crore is admitted
and not disputed by the SECOND PARTY, which
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
he has taken on various dates since the FIRST
PARTY.
4. The FIRST PARTY shall be free to lodge a case
and take action against the SECOND PARTY for
recovery of the amount to the tune of Rs. 4.15
crore which is admitted by the SECOND PARTY.
5. That both the parties agree with the above-
mentioned terms and conditions and have put
their respective signatures with mutual consent in
the presence of the following witnesses with their
own free will and without any undue influence or
coercion.
WITNESSES:-
1. Signature -Sd/---- Sd/-
Name Rahul Kumar FIRST PARTY
Signature Sd/- Sd/
Name Kritarth SECOND PARTY."
11. From perusal of FIR, it appears prima facie
that the informant/O.P. No.2 met with one Ankit at Noida
from where, he came to know that co-accused Harman, who
is also residing in Noida helps in providing government works
in different States. Thereafter, through said Ankit,
informant/O.P. No.2 met with co-accused Harman Sabarwal
to get work of cold storage construction in State of Tripura,
for which money in advance was asked for. Believing the
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
assurance of co-accused Harmenn Sabherwal and Ankit, the
informant/O.P. No.2 transferred money through RTGS to the
account of Harman Sabrawal. It appears that after some
time, no work was provided to O.P. No.2/informant in Tripura
whereafter, he asked Harman to return his money.
Thereafter, it was assured to informant to provide some work
for carrying of vaccines during covid-19. For same, some
money was transferred to co-accused Harman Sabrawal by
informant/O.P. No.2 through RTGS and by that time, total of
Rs.1.67 Crores was transferred to the account of Harman. It
appears from FIR that Rs. 40 lakhs was transferred to the
account of Govind Electricals, which is proprietorship firm of
petitioner no.1 and Rs. 15 lakhs was transferred to the
account of petitioner no.2.
12. From the facial perusal of FIR, it appears that
the informant/O.P. No.2 never met with the petitioners. No
assurance was given by them to the informant/O.P. No.2. The
entire thrust of allegation is available against co-accused
Harman Sabrawal and Ankit and moreover through deed of
compromise/mutual settlement dated 09.01.2024, the
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
informant has entered into an agreement with co-accused
Harman Sabrawal, where he agreed to return the entire
amount of Rs.4.15 Crores as received from him without
shifting any liability of payment to petitioners for which, the
informant was also agreed upon.
13. In view of aforesaid compromise and face of
FIR prima facie no cognizable offence appears to be made out
against petitioners qua offence of cheating and forgery.
14. It would be apposite to reproduce para-102 of
the legal report as available through Bhajan Lal case
(supra), which is as under:-
"102. In the backdrop of the interpretation of the
various relevant provisions of the Code under Chapter
XIV and of the principles of law enunciated by this
Court in a series of decisions relating to the exercise
of the extraordinary power under Article 226 or the
inherent powers under Section 482 of the Code which
we have extracted and reproduced above, we give the
following categories of cases by way of illustration
wherein such power could be exercised either to
prevent abuse of the process of any court or otherwise
to secure the ends of justice, though it may not be
possible to lay down any precise, clearly defined and
sufficiently channelised and inflexible guidelines or
rigid formulae and to give an exhaustive list of myriad
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
kinds of cases wherein such power should be
exercised.
(1) Where the allegations made in the first
information report or the complaint, even if
they are taken at their face value and
accepted in their entirety do not prima facie
constitute any offence or make out a case
against the accused.
(2) Where the allegations in the first
information report and other materials, if any,
accompanying the FIR do not disclose a
cognizable offence, justifying an investigation
by police officers under Section 156(1) of the
Code except under an order of a Magistrate
within the purview of Section 155(2) of the
Code.
(3) Where the uncontroverted allegations
made in the FIR or complaint and the
evidence collected in support of the same do
not disclose the commission of any offence
and make out a case against the accused.
(4) Where, the allegations in the FIR do not
constitute a cognizable offence but constitute
only a non-cognizable offence, no
investigation is permitted by a police officer
without an order of a Magistrate as
contemplated under Section 155(2) of the
Code.
(5) Where the allegations made in the FIR or
complaint are so absurd and inherently
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
improbable on the basis of which no prudent
person can ever reach a just conclusion that
there is sufficient ground for proceeding
against the accused.
(6) Where there is an express legal bar
engrafted in any of the provisions of the Code
or the Act concerned (under which a criminal
proceeding is instituted) to the institution and
continuance of the proceedings and/or where
there is a specific provision in the Code or the
Act concerned, providing efficacious redress
for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly
attended with mala fide and/or where the
proceeding is maliciously instituted with an
ulterior motive for wreaking vengeance on the
accused and with a view to spite him due to
private and personal grudge."
15. From the perusal of aforesaid discussions, FIR
and agreement, it appears that the core dispute between the
parties appears qua recovery of Rs.4.15 crores as paid by
informant/O.P. No.2 to co-accused Harman Sabrawal, where
nothing incriminating appears against petitioners except that
amount of Rs.40 lakhs was deposited to the firm of petitioner
no.1 and Rs.15 lakhs to the account of petitioner no.2.
Moreover, the entire liability to return Rs.4.15 crores
Patna High Court CR. MISC. No.74370 of 2024 dt.08-08-2025
including aforesaid amount of Rs. 55 lakhs was accepted by
co-accused Harman Sabrawal, which was also approved by
informant/O.P. No.2 through mutual agreement as discussed
aforesaid.
16. Hence, by taking guiding notes of guideline nos.
(1) and (7) of Bhajan Lal's case (supra), the FIR of Patna
Kankarbagh P.S. Case No.307 of 2024 qua above-named
petitioners is hereby quashed/set aside.
17. The application stands allowed.
18. Let a copy of this order be communicated to
the concerned trial court forthwith.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR AFR
CAV DATE 16-07-2025
Uploading Date 08-08-2025
Transmission Date 08-08-2025
