Dismissed

Shankar Prasad Pal @ Shankar Pal v. The State of Bihar

Patna HC11 Jul 2024CR. MISC./53222/2023

Case brief

AI extract

What is this about?

In quashing an FIR registered under sections 467, 468, 420, and 34 IPC regarding a land mutation dispute, the Patna High Court dismissed the application. The Court held that it could not examine the genuineness of allegations or investigate the matter at this stage, as the dispute was to be decided in a pending civil mutation proceeding.

What did the court decide?

Application for quashing of F.I.R. dismissed; petitioner allowed liberty to raise arguments at trial stage.

Shankar Prasad Pal @ Shankar Pal Vs The State of Bihar — Landlord and Tenant | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53222 of 2023

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Arising Out of PS. Case No.-278 Year-2023 Thana- JAGDISHPUR District- Bhagalpur

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Shankar Prasad Pal @ Shankar Pal, S/o Jagat Narayan Pal, R/o Village- Pal Nagar Ward No. 1, Shobhnathpur, P.S- Kahalgaon, Distt.- Bhagalpur, presently working as Junior Engineer at N.T.P.C Kahalgaon, DistrictBhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sri Ashok Kumar Mandal, The Circle Officer, Jagdishpur Block, P.SJagdishpur, District- Bhagalpur.

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... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP Mr. Rana Pratap Singh, Advocate Mr. Satya Veer, Advocate

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY CAV JUDGMENT

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Date : 11-07-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner has filed the instant application praying for quashing the F.I.R being Jagdishpur P.S. Case no. 278 of 2023 registered on 21.6.2023 for offence under sections 467, 468, 420 and 34 of the Indian Penal Code.

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The prosecution case as per the letter no.1518 dated 21.6.2023 written by the Circle Officer, Jagdishpur, Bhagalpur to the Officer-In-charge, Jagdishpur, Bhagalpur alleges inter alia that with respect to the land measuring an area of 0.460

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Patna High Court CR. MISC. No.53222 of 2023 dt.11-07-2024 2/5

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hectare and appertaining to Khata no.395, Khesra no.1556 in Survey Ward no.5 (Adampur), there was interpolation in the khatiyan register in Circle Office, Jagdishpur and the name of Mahadev Mandal was inserted. In the relevant register of the office of the Municipal Corporation, Bhagalpur as also in the District archives the name of Nawal Kishore Singh is mentioned. On an application having been filed by Dr. Nawal Kishore Singh pointing out the said interpolation, the District Magistrate, Bhagalpur constituted a committee to conduct an inquiry into the same. The three member Inquiry Committee submitted its report dated 5.6.2023 stating therein that the relevant pages of the khatiyan register and Jamabandi RegisterII have been changed. It was stated that Mahadev Mandal whose name had been interpolated, his heir Shankar Prasad Pal (petitioner herein) had also obtained a copy of the documents and had filed an Application no.92698/2022-23 in the Circle Office, Jagdishpur for substituting his name. The employees of the offices were also involved in the interpolation. As such, it was directed that the F.I.R be registered under the appropriate sections.

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On the letter dated 21.6.2023 of the informantCircle Officer, Jagdishpur the F.I.R being Jagdishpur P.S. Case

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Patna High Court CR. MISC. No.53222 of 2023 dt.11-07-2024 3/5

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no. 278 of 2023 was registered. After investigation, charge-sheet was submitted in the case.

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It is submitted by learned counsel appearing for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the grandson of Mahadev Mandal who had got the land in question by virtue of a hukumnama . The grandfather of the petitioner started paying land revenue and was being granted receipt for the same from the year 1989-1990. The father of the petitioner having died, the petitioner filed an application for mutation of his name which was registered as Mutation Case no.92698/2022-23. Dr. Nawal Kishore Singh filed an objection on 16.5.2023 claiming that he got the land by virtue of an absolute sale deed dated 4.4.1962 purchased from one Hirendra Nath Bose and also on the basis of the judgment and decree dated 7.8.1973 passed in Title Suit no.106 of 1967/30 of 1971. It is thus submitted that registering of an F.I.R against the petitioner and continuance of the criminal proceeding is an abuse of the process of the Court as the matter is to be decided in a mutation case which is already pending. No offence is made out against the petitioner and as such the F.I.R be quashed.

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The application is opposed by learned A.P.P. for the

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Patna High Court CR. MISC. No.53222 of 2023 dt.11-07-2024 4/5

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State. It is submitted by learned counsel appearing for the State that pursuant to a complaint filed by Dr. Nawal Kishore Singh that a three member committee was constituted which after conducting inquiry has submitted their report on the basis of which the instant F.I.R has been registered. It is further submitted that so far as the other points raised by the petitioner are concerned, the same are by way of defence of the petitioner which cannot be looked into at this stage.

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It may be stated here that the Hon’ble Supreme Court in the case of Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra & Ors. [(2021) 19 SCC 401] has held that the Court cannot thwart the investigation and inquire into the genuineness of the allegations. In its judgment in the case of Superintendent of Police, CBI & Ors. vs. Tapan Kumar Singh [(2003) 6 SCC 175] the Hon’ble Apex Court held that the F.I.R is not an encyclopedia which must disclose all facts and details relating to the offence reported. In the case of State of Kerala & Ors. vs. O.C. Kuttan & Ors. [(1999) 2 SCC 651] it was held that the Court ought not to embark upon an inquiry as to reliability or genuineness or otherwise of the allegations and the power to quash a criminal proceeding is to be exercised very sparingly.

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Patna High Court CR. MISC. No.53222 of 2023 dt.11-07-2024 5/5

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Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R as also the judgment of the Hon’ble Supreme Court as referred to herein above, the Court is of the opinion that the genuineness of the allegations cannot be looked into by the Court at this stage.

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In view of the facts and circumstances stated herein above, the Court finds no merit in the instant application and the same is dismissed.

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So far as the other points raised on behalf of the petitioner are concerned, the petitioner will be at liberty to raise the same at an appropriate stage in course of trial which, as and when raised, shall be considered by the learned trial Court in accordance with law.

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(Partha Sarthy, J)

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avinash/-

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AFR/NAFR
CAV DATE	27.06.2024
Uploading Date	11.07.2024
Transmission Date

Shankar Prasad Pal @ Shankar Pal v. The State of Bihar

Case brief

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Shankar Prasad Pal @ Shankar Pal v. The State of Bihar

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