Patna High Court
Ram Dulari Devi vs The State Of Bihar on 11 July, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80574 of 2024
Arising Out of PS. Case No.-58 Year-2023 Thana- CHAUTHAM District- Khagaria
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Ram Dulari Devi Wife of Late Bal Mukunda Singh Resident of ward no 5,
Gorhia, village- Gadhiya Ps- Chautham District-Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Mohan Thakur S/o- Deo Narayan Thakur Village- Tofhir Garhiya Po-
Garhiya Ps- Chautham Dist-Khagaria
3. Rajiv Kumar S/o- Mohan Thakur Village- Tofhir Garhiya Po-Garhiya Ps-
Chautham Dist-Khagaria
4. Manoj Kumar Son of Mohan Thakur Village- Tofhir Garhiya Po-Garhiya Ps-
Chautham Dist-Khagaria
5. Udit Thakur @ Udit Narayan Thakur S/o- Late Asarfi Thakur Village- Tofhir
Garhiya Po-Garhiya Ps- Chautham Dist-Khagaria
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Shivam .
For the Opposite Party/s : Mr.Pramod Kumar Pandey
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 11-07-2025
Heard Mr. P.N. Shahi, learned senior counsel
appearing for the petitioner and learned A.P.P. for the State.
2. During course of argument, it transpires that the
present petition preferred challenging the order dated
09.04.2024
as passed by learned Judicial Magistrate - 1 st
Class, Khagaria in Chautham P.S. Case No. 58 of 2023 and
also Criminal Revision No. 47/2024, as passed by the court of
learned Sessions Judge, Khagaraia, wherein learned
Patna High Court CR. MISC. No.80574 of 2024 dt.11-07-2025
Magistrate accepted the final form as submitted by the I.O.,
which was also not interfered by the learned Sessions Judge
through aforesaid Criminal Revision. The reason as explained
by the learned Magistrate prima facie appears justified that
the criminal case was initiated under the garb of land dispute,
however, as a matter of recourse, the protest petition already
filed by the petitioner and same was treated as complaint and
was proceeded accordingly, in view of section 200 of the
Cr.P.C.
3. Learned senior counsel relied upon the legal report
of Hon'ble Supreme Court as available through Devendra v.
State of U.P. reported in (2009) 7 SCC 495.
4. It would be apposite to reproduce para 13 of
Devendra case (supra), which reads as under:
"13. There cannot, however, be any doubt or dispute
whatsoever that in a given case a civil suit as also a criminal
proceeding would be maintainable. They can run
simultaneously. Result in one proceeding would not be
binding on the court determining the issue before it in
another proceeding. In P. Swaroopa Rani v. M. Hari
Narayana [(2008) 5 SCC 765 : (2008) 3 SCC (Cri) 79] the
law was stated, thus: (SCC p. 769, para 11)
"11. It is, however, well settled that in a given case, civil
proceedings and criminal proceedings can proceed
simultaneously. Whether civil proceedings or criminal
proceedings shall be stayed depends upon the fact and
circumstances of each case."
Patna High Court CR. MISC. No.80574 of 2024 dt.11-07-2025
5. The petitioner will get equal opportunity to raise all
such issues before the learned Magistrate in his complaint
case, which was registered out of protest petition, and,
therefore, there is no occasion to interfere with the present
impugned order.
6. Considering aforesaid, the present petition appears
devoid of any merit. Accordingly, the same stands dismissed.
7. Learned Magistrate is directed to expedite the
proceeding of complaint case arising out of protest petition of
the petitioner considering aforesaid legal aspect.
(Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.07.2025
Transmission Date 11.07.2025
