Petitioner sought quashing of criminal proceedings under Section 353 IPC alleging abuse of court process due to a disputed agreement with the Zila Parishad.
Quashing of the entire proceeding including the order dated 21.12.2011 passed by the C.J.M., Katihar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5771 of 2012
====================================================== 1. Arunav Kumar Choudhary S/o Bholanath Choudhary R/o Mohalla - Bara Bazar, Sheo Mandir Chowk, P.S. + District - Katihar .... .... Petitioner/s Versus 1. The State of Bihar 2. The District Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Katihar, P.S. + District - Katihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar, Advocate Mr. Birendra Kumar, Advocate For Zila Parishad : Mr. K.B. Nath, Advocate Mr. D. Narayan, Advocate For the State : Mr. Ashok Kr. Singh-I, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4 05-12-2012 The Petitioner seeks quashing of the entire proceeding including the order dated 21.12.2011 passed by the Chief Judicial Magistrate, Katihar in Katihar (Nagar) P.S. case No.144 of 2011, by which he has taken cognizance under Section 353 I.P.C. The case of the D.D.C.-cum-Chief Executive Officer, Zila Parishad, Katihar is that he had ordered one Md. Shakir Raza to fix a hoarding on the northern side to western side on railing at the first floor and when he went there for fixing the said hoarding the Manager of Asha Guest House did not permit him to do so and obstructed the official work. It has been submitted on behalf of the Petitioner that there is some kind of dispute with regard to the agreement between the
Patna High Court Cr.Misc. No.5771 of 2012 (4) dt.05-12-2012
2
parties and status quo was ordered by this Court in C.W.J.C. No.3763 of 2011 when his agreement was cancelled by the Zila Parishad. It was under such circumstances that the Petitioner did not permit putting up the hoarding. The further submission is that even accepting the allegations in the First Information Report no ingredients of any offence much less under Section 353 I.P.C. is made out since it is an accepted fact that the said Md. Shakir Raza was not a government official.
On the other hand, the Counsel for the Zila Parishad submits that even if Md. Shakir Raza is not a government official the fact of the matter was that the order of the D.D.C. is being violated, hence the Petitioner deserves to be prosecuted.
Having considered the facts of the case, I am inclined to hold that the continuance of the proceeding is gross abuse of the process of the Court and is fit to be set aside.
In view of such, the application is allowed and the entire proceeding including the order dated 21.12.2011 passed by the Chief Judicial Magistrate, Katihar in Katihar (Nagar) P.S. case No.144 of 2011 is hereby quashed.
(Anjana Prakash, J)
Narendra/-
2 issues framed by the court
Whether the criminal proceedings initiated under Section 353 IPC amount to gross abuse of the process of the Court and should be quashed.
Whether the continuation of the prosecution constitutes an abuse of process given the disputed agreement with the Zila Parishad.
Arunav Kumar Choudhary
State of Bihar
District Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Katihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
