SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ranjit Kumar Sinha & Ors vs State Of Bihar & Anr on 11 April, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14516 of 2014
Arising Out of PS.Case No. -2349 Year- 2012 Thana -SIWAN COM PLAINT CASE District-
SIWAN

1. Ranjit Kumar Sinha Son Of Ranjan Kumar Sinha

2. Ranjan Kumar Sinha Son Of Late Tej Bhadur Lal

3. Nira Devi Wife Of Ranjan Kumar Sinha.

4. Sanjit Kumar Sinha Son Of Ranjan Kumar Sinha

5. Amit Kumar Sinha Son Of Ranjan Kumar Sinha

6. Ajit Kumar Sinha Son Of Ranjan Kumar Sinha

7. Nitu Devi Daughter Of Ranjan Kumar Sinha

8. Nahni Kumari Daughter Of Ranjan Kumar Sinha

9. Sapna Kumari Daughter Of Ranjan Kumar Sinha 1 To 9 Resident Of Village-
Bashantpur, P.S- Bashantpur, District- Siwan

10. Ranjan Kumar Son Of Suresh Prasad Srivastava R/O Mohalla- Srinagar Siwan,
P.S- Siwan Muffsil, District- Siwan.

…. …. Petitioner/s
Versus

1. The State Of Bihar

2. Rita Devi W/O Late Satish Kumar Sinha R/O Village Majhwaliya, P.S- Siwan
Muffasil, District- Siwan.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Anil Chandra, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P.

CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
CAV JUDGMENT
Date: 11-04-2018

Heard learned counsel for the parties.

This application under Section 482 of the Code of

Criminal Procedure has been filed by the petitioners for quashing of

order dated 06.01.2014 passed by the learned Judicial Magistrate,

1st , Class, Siwan in Complaint Case No. 2349 of 2012 whereby the

learned court below took cognizance against the petitioners under

Sections 498A, 304B and 120B of the Indian Penal.
Patna High Court Cr.M isc. No.14516 of 2014 dt.11-04-2018

2

The brief facts of this case is that the marriage of

daughter of complainant was solemnized with one Ranjit Kumar

Sinha, petitioner No.1, on 09.07.2008. It is alleged that in the

marriage, several demand were made by the petitioners such as Rs.

5,00,000, one motorcycle, and gold jewelry of 10 Bhar, furniture and

other articles and out of which Rs. 2,00,000/- and other articles were

given at the time of Tilak ceremony. Thereafter marriage was

solemnized and when the daughter of the complainant went to her

sasural, the petitioners have demanded rest Rs. 2,00000/- and non

fulfillment of the same, she was subjected to torture and assault

regularly by the accused persons, resultantly, a unborn baby died in

the womb of the daughter of the complainant. On 27.08.2012 when

the complainant got information that her daughter sustained injury

and she has been taken to P.M.C.H. for treatment, relatives of the

complainant went there but no one traced. Thereafter, the son of the

complainant informed her that her daughter died due to head injury.

Hence, the complainant suspected that the accused persons have

killed her daughter by inflicting injury on the head and lodged the

complaint case against the petitioners.

Learned counsel for the petitioners has submitted that

the petitioners are innocent and have not committed any offence. As

a matter of fact, prior to lodging of the complaint, an F.I.R. has been
Patna High Court Cr.M isc. No.14516 of 2014 dt.11-04-2018

3

lodged bearing Bhagwanpur P.S. Case No. 160 of 2012 alleging

therein that while the petitioner No.1 was going on motorcycle along

with his wife for her treatment, one cycle driver came and dashed in

the motorcycle of the petitioner No.1, resultantly they fell down and

both of them sustained injuries and wife sustained severe head

injury. The petitioner has tried his level best to provide treatment to

her wife but she succumbed before injury and died in the way, this

fact is evident from Annexure-3 itself. The deceased was under

treatment of Dr. Sangita Choudhary is evident from Annexure-4.

Moreover, the I.O. has investigated the case and submitted charge

sheet under Section 279, 337, 304A of the Indian Penal Code against

unknown bicycle driver, which is evident from Annexure-5. It has

further been submitted that the complaint of the complainant was

dismissed vide order dated 20.01.2013/21.01.2013 by the learned

Judicial Magistrate-1st Class, Siwan on the basis of report of the

police, which is evident from Annexure-6. Being aggrieved by the

order dated 20.01.2013.21.01.2013, the opposite party No.2 field a

challenged the said order in Criminal Revision No. 32 of 2013 and

learned 2nd Additional District and Sessions Judge, Siwan has been

pleased to set aside the order in question with direction to pass a

fresh order after examination of all witnesses, which is evident from

Annexure-7. Thereafter, the learned Magistrate took cognizance for
Patna High Court Cr.M isc. No.14516 of 2014 dt.11-04-2018

4

the offence under Section 498A, 304B and 120B of the Indian Penal

Code against the petitioners. On the above ground, it is submitted

that the cognizance order dated 06.01.2014 passed by the learned

Judicial Magistrate, 1st , Class, Siwan, is bad in law and is fit to be

quashed.

Considering the materials available on record and the

facts and circumstances of the case, this Court finds substance in the

submissions advanced on behalf of the petitioners and agrees with

the same. In the present case, the petitioner has already shown his

bona fide by lodging the F.I.R. bearing Bhagwanpur P.S. Case No.

160 of 2012 prior to lodging of the instant complaint. In view of the

aforesaid facts, the allegation leveled against the petitioners appears

to be general and omnibus and based on mere suspicion, which itself

shows the mala fide intention of the complainant to harass the

petitioners only, therefore, the prosecution of the petitioners appears

to be a malicious prosecution in view of the judgment rendered by

the Hon’ble Supreme Court in the case of State of Haryana Vs.

Bhajan Lal, reported in 1992 Suppl (1) SCC 335. Relevant extract

of paragraph 102 of the aforesaid judgment is quoted herein-below

for ready reference;

” In the backdrop of the interpretation of the various
relevant provisions of the Code under Chapeter XIV
and of the principles of law enunciated by this Court
in a serious of decisions relating to the exercise of the
Patna High Court Cr.M isc. No.14516 of 2014 dt.11-04-2018

5

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 kinds of cases wherein such power
should be exercised:(1)-(6)……..

(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.”

In view of the discussions made above, the order taking

cognizance dated 06.01.2014 passed in Complaint Case No. 2349 of

2012 by the Judicial Magistrate, 1st , Class, Siwan, whereby and

whereunder cognizance has been taken against the petitioners for the

offence under Sections 498A, 304B and 120B of the Indian Penal

Code, is not sustainable in the eye of law. It is, therefore, quashed.

This application is, accordingly, allowed.

(Arvind Srivastava, J)

Brajesh/-

AFR/NAFR NAFR
CAV DATE 05.12.2017
Uploading Date 16.04.2018
Transmission 16.04.2018
Date

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Rules of Group, If You agree then Message us on Above Number.

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh