Allowed¶68

Mukesh Kumar v. The State of Bihar

Patna HC9 Jul 2025CR. MISC./21128/2024

Case brief

AI extract

What is this about?

Quashing of FIR; Kashichak P.S. Case No. 124 of 2019; Nawada; Sections 406, 409, 420/34 IPC; defalcation of government paddy-procurement money; PACS Chairman; CMR supply to SFC; deposit of outstanding dues Rs. 23,36,507.97 with Nawada Central Cooperative Bank; No Objection Certificate; counter affidavit by APP; delay in investigation; charge-sheet not filed; ACJM-VI order dated 08.01.2024; earlier direction to conclude trial within six months (Cr. Misc. Nos. 39749 of 2023, 1855 of 2021); Pankaj Kumar v. State of Maharashtra (2008) 16 SCC 117; speedy investigation and trial; FIR quashed; criminal miscellaneous application allowed; NAFR.

What did the court decide?

Quashing of FIR bearing Kashichak P.S. Case No. 124 of 2019 with all consequential proceedings, if any; copy of judgment to be sent to the learned trial court forthwith. ¶68

Mukesh Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR bearing Kashichak P.S. Case No. 124 of 2019 with all consequential proceedings, if any; copy of judgment to be sent to the learned trial court forthwith.

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Issue for consideration

Whether the FIR bearing Kashichak P.S. Case No. 124 of 2019, on its face, constitutes offences punishable under Sections 406, 409, 420/34 IPC and is liable to be quashed. +1 more

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Court's answer

The FIR, on its face, nowhere constitutes offences punishable under Sections 406, 409, 420/34 of the Indian Penal Code.

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Ratio / Principle

The matter arising from the FIR lodged in 2019 was still pending at the investigation stage, as transpired from the order dated 08.01.2024 of learned ACJM VI, Nawada.

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Key takeaways

The petitioner had already deposited the outstanding amount of Rs. 23,36,507.97/- to Nawada Central Cooperative Bank Ltd., Nawada.ratio¶62
Taking note of the factual and legal submissions, the FIR bearing Kashichak P.S. Case No. 124 of 2019, with all consequential proceedings, if any, is quashed and set aside, and the application stands allowed.ratio¶68

Detailed headnote1 paragraphs

Quashing of FIR — Patna High Court (Chandra Shekhar Jha, J) allowed Criminal Miscellaneous No. 21128 of 2024 and quashed Kashichak P.S. Case No. 124 of 2019 dated 09.08.2019 under Sections 406, 409, 420/34 IPC, pending before ACJM-VI, Nawada, along with all consequential proceedings. The FIR, lodged on a report of the District Cooperative Officer, Nawada (letter No. 756 dated 02.08.2019), alleged defalcation of government paddy-procurement money of Rs. 21,45,975/- by Rewra Jagdishpur PACS, its Chairman (petitioner Mukesh Kumar) and Executive Member Ayodhya Prasad. The Court noted that the petitioner had already deposited the outstanding amount of Rs. 23,36,507.97/- with Nawada Central Cooperative Bank Ltd. (supported by a bank No Objection Certificate issued under the Managing Director's signature, and affirmed by the State's counter affidavit of 28.09.2024), and that per the ACJM-VI order dated 08.01.2024 the case was still pending at the investigation stage with no charge-sheet filed despite the 2019 FIR and an earlier Coordinate Bench direction of 05.07.2023 (Cr. Misc. Nos. 39749 of 2023 and 1855 of 2021) to conclude the trial within six months. Holding that the FIR, on its face, nowhere constituted the alleged offences, and having regard to the submissions relying on Pankaj Kumar Vs. State of Maharashtra & Ors., [(2008) 16 SCC 117] (paras 25-28 of which were reproduced), the Court quashed the FIR with all consequential proceedings and directed that a copy of the judgment be sent to the trial court forthwith. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21128 of 2024

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Arising Out of PS. Case No.-124 Year-2019 Thana- KASHICHAK District- Nawada

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======================================================

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Mukesh Kumar S/o Gorelal Singh R/o vill - Rebra, jagdishpur, P.S. - Kashichak, Distt. - Nawada

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. Mr. Rakesh Kumar Sharma, Adv. For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT

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Date : 09-07-2025

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1. Heard learned counsel appearing on behalf of

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the parties.

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2. The present petition is being filed on behalf

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of the petitioner for quashing of FIR bearing Kashichak P.S. Case No. 124 of 2019 dated 09.08.2019 for the offences punishable under Section 406, 409, 420/34 of the Indian Penal Code which is pending before the court of learned ACJM-VI, Nawada.

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3. As per the case of prosecution, Rewra Jagdishpur, PACS has purchased 1612 quintal paddy for the year 2018-19 after selection from Task Force

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Patna High Court CR. MISC. No.21128 of 2024 dt.09-07-2025 2/8

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Nawada. After that the PACS only supplied 270 QH CMR (01 Lot) to SFC, Nawada from 1080 QH CMR. The rest

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CMR of 810 QH (03 Lot) was not supplied by the said PACS after several direction and accordingly the PACS defalcated the paddy of 1209 QH which total amount is Rs. 21,45,975/- (1209 QH X 1775 Rs./QH). The informant further alleged that in the light of letter No. 756 dated 02.08.2019 issued by District Cooperative Officer, Nawada, FIR was lodged against PACS Chairman, Mukesh Kumar and present PACS Executive Member, Ayodhya Prasad for defalcation of government money of Rs. 21,45,975/- and also for not following the government order.

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4. It is submitted by Mr. Ramakant Sharma, learned senior counsel appearing for the petitioner that in terms of demand, petitioner paid entire amount of Rs. 23,36,507.97/- to Nawada Central Cooperative Bank Ltd., Nawada and, therefore, nothing survive in this matter. In support of his submission Mr. Sharma relied

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Patna High Court CR. MISC. No.21128 of 2024 dt.09-07-2025 3/8

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upon Annexure-3 of present quashing petition which is No Objection Certificate (in short NOC) as issued by Nawada Central Cooperative Bank Ltd., Nawada, issued under the signature of Managing Director. Beside aforesaid, it is pointed out that the present criminal case was lodged against petitioner, who was the Chairman of PACs at relevant point of time in year 2019 but still investigation is continued. It is submitted that earlier this petitioner approached this Court for quashing, FIR where one of the learned Coordinate Bench of this Court directed to conclude the trial within six months through its order dated 05.07.2023 as passed in Cr. Misc. No. 39749 of 2023 and Cr. Misc. No. 1855 of 2021. It is pointed out that even thereafter the trial was not concluded for the simple reason that the investigation is still continue and the charge-sheet has not been submitted in the present matter, which is apparent from the order dated 08.01.2024 as passed by learned ACJM VI, Nawada. It is submitted that considering the aforesaid delay in

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Patna High Court CR. MISC. No.21128 of 2024 dt.09-07-2025 4/8

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investigation the FIR is issue is liable to be quashed on this ground also.

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5. While concluding argument, Mr. Sharma submitted that the face of FIR nowhere suggest to make out any prima-facie case as to constitute offence under Sections 406, 409, 420/34 of Indian Penal Code.

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6. In support of the submissions Mr. Sharma, relied upon the legal report of Hon’ble Supreme Court reported in Pankaj Kumar Vs. State of Maharashtra

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& Ors., [(2008) 16 SCC 117].

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7. Mr. Jharkhandi Upadhyay, learned APP while appearing on behalf of State submitted that he filed counter affidavit in present matter on 28.09.2024. He also affirmed the deposit of Rs. 23,36,507.97/- to Nawada Central Cooperative Bank Ltd., Nawada by the petitioner.

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8. It would be apposite to reproduce FIR, which is as under:-

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“ lsok esa] Fkkuk v/;{k

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Patna High Court CR. MISC. No.21128 of 2024 dt.09-07-2025

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5/8

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“kkgiqj vks0ih0 dk”khpd

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fo’k;& jscMk txnh”kiqj iSDl v/;{k rFkk dk;Zdkj.kh lnL; lg izca/kd Jh v;ks/;k izlkn ij xcu ds ekeys esa izkFkfedh ntZ djus ds lanHkZ esaA

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egk”k;

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mi;qZDRk fo’k; lknj dFku gS fd jsoMk txnh”kiqj iSDl dk [kjhQ foi.ku ekSle 2018&19 esa ftyk VkLd QkslZ uoknk ls p;u ds Ik”pkr dqy 1612011 /kku dh vf/kizkfIr iSDl }kjk dh xbZA ftldk lekuqikfrd 1080&04 OH CMR esa ls ek= 27004CMR ¼01 ykWV½ SFC Nawada dks vkiwfrZ fnukad 3107-2019 rd fd;k x;kA “ks’k CMR 810 OH ¼03 yksV½ dbZ ckj funsZ”k nsus ds mijkar Hkh tek ugh fd;k x;k vkSj lekuqikfrd /kku 1209 DH dks cspdj eks0 2145975 :0 (120904 x 1775 Rs/OH) dk xcu dj fy;k tk,A

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vr% ftyk lgdkfjrk inkf/kdkjh uoknk dk i=kad 756 fnukad 02-08-19 ds vkyksd esa orZeku iSDl v/;{k Jh eqds”k dqekj firk uoknk rFkk orZeku iSDl dk;Zdkfj.kh lnL; lg izca/kd Jh v;ks/;k izlkn firk Lo0 caqnh egrks xzke jsoMk txnh”kiqj iks0&ckSjh Fkkuk “kkgiqj vks0ih0 ftyk uoknk ds fo:) 2145975 :0 dh ljdkjh jkf”k dk xcu djus foHkkxh; funsZ”kks dh vogsyuk djus ,oa iSDl dks vkfFkZd uqd”kku igwWapkus ds dkj.k izkFkfedh ntZ djuk lqfuf”pr djsaxsA

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9. It would further be apposite to reproduce

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NOC as issued under the signature of M.D., of Nawada

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Central Cooperative Bank Ltd., Nawada, which is as

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under:-

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dk;ky;]nh uoknk lZ sUVzy dks&vkijW fVo cs d fy0] uoknkSa

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Kkikad&3053 fnukad& 28@03@2023

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vukifŸ k izek.k i=

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“kk[kk izca/kd] dk”khpd ds fn;s x;s izfrosnu ds vkyksd esa iwoZ iSDl v/;{k Jh eqds”k dqekj] firk Jh xksjsyky flag irk xzk0 jsojk iksLV ckSjh Fkkuk dk”khpd ds uke ls nh uoknk lsUVzy dks&vkWijsfVo cSad “kk[kk dk”khpd esa jsojk txnh”kiqj iSDl dk RCC Loan eks0 2145975@& ¼bDdhl yk[k iSarkyhl gtkj ukS lkS ipgrj½ :i;k cdk;k FkkA bUgksusa eqy/ku 2145975@& ¼bZDdhlh yk[k iSarkyhl gtkj ukS lkS ipgrj :i;s½ ,oa lwn 38525@&¼vM+rhl gtkj ikWap lkS iPphl½ :i;s OTS ds ek/;e ls 152007-97@&¼,d yk[k ckou gtkj lkr :i;k uoklh iSlk½ lwn ekQh gqvk] dqy jkf”k 2336507-97@&¼rsbZl yk[k Nfrl gtkj ikWap lkS lkr :i;s lUrkuos iSlk½ :i;s OTS ds ek/;e ls tek dj nh xbZ gSA vr% RCC Loan [kkrs esa buds ikl dksbZ cdk;k jkf”k ugh gSA

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g0@&

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vLi’V

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Patna High Court CR. MISC. No.21128 of 2024 dt.09-07-2025 6/8

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izca/k funs”kd nh uoknk lsUVzy dks&vkWijsfVo cSad fy0] uoknkA

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10. It would be also appropriate to reproduce

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order dated 08.01.2024 as passed by court of ACJM VI,

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Nawada in Kashichak P.S. Case No. 124 of 2019:-

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8-1-24 vafre izi= vizkir gSA vfHk;qDr eqds”k dqekj dh vksj ls ,d vkosnu nkf[ky dj fuosnu fd;k x;k gS fd okn esa vuqla/kku dRrkZ dh vksj ls vkjksi i= lefiZr ugh fd;k x;k gSA vr% vuqla/kkudRrkZ ds bl lanHkZ esa funsf”kr gSA lqukA vfHkys[k dk voyksdu fd;k voyksdu ls izfrr gksrk gS fd bl laca/k esa Fkkuk izHkkjh dk”khpd dks iwoZ esa Hkh i= fuxZr fd;k tkrk gSA ijarq vkt rd muds }kjk vkjksi i= lefiZr ugh fd;k x;k gSA bl laca/k esa Fkkuk izHkkjh dk”khpd ls Li’Vhdj.k dh ekax djsA vafre izi= dh izR;k”kk esa fnukad 8-2-24 dksA

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ys[kkfir g0@&

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11. It would further be apposite to reproduce

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para nos. 25 to 28 of the Pankaj Kumar Case (supra),

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which reads as under:-

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“25. Though, it is true that the plea with regard to inordinate delay in investigations and trial has been raised before us for the first time but we feel that at this distant point of time, it would be unfair to the appellant to remit the matter back to the High Court for examining the said plea of the appellant. Apart from the fact that it would further protract the already delayed trial, no fruitful purpose would be served as learned counsel for the State very fairly stated before us that he had no explanation to offer for the delay in investigations and the reason why the trial did not commence for eight long years. Nothing, whatsoever, could be pointed out, far from being established, to show that the delay was in any way attributable to the appellant.

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26. Moreover, having regard to the nature of the accusations against the appellant, briefly referred to

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Patna High Court CR. MISC. No.21128 of 2024 dt.09-07-2025 7/8

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above, who was a young boy of about eighteen years of age in the year 1981, when the acts of omission and commission were allegedly committed by the concerns managed by his parents, who have since died, we feel that the extreme mental stress and strain of prolonged investigation by the AntiCorruption Bureau and the sword of Damocles hanging perilously over his head for over fifteen years must have wrecked his entire career.

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27. Be that as it may, the prosecution has failed to show any exceptional circumstance, which could possibly be taken into consideration for condoning the prolongation of investigation and the trial. The lackadaisical manner of investigation spread over a period of four years in a case of this type and inordinate delay of over eight years (excluding the period when the record of the trial court was in the High Court), is manifestly clear.

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28. Thus, on facts in hand, we are convinced that the appellant has been denied his valuable constitutional right to a speedy investigation and trial and, therefore, criminal proceedings initiated against him in the year 1987 and pending in the Court of the Special Judge, Latur, deserve to be quashed on this short ground alone.”

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12. In view of aforesaid factual and legal

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submissions, it appears that the petitioner already deposited the outstanding amount of Rs. 23,36,507.97/to Nawada Central Cooperative Bank Ltd., Nawada. It also transpires from the order dated 08.01.2024 as passed by learned ACJM VI, Nawada that still this matter is pending for investigation. The FIR, in issue, was lodged in the year 2019 itself. The FIR on its face, nowhere constitute offences punishable under Section 406, 409,

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Patna High Court CR. MISC. No.21128 of 2024 dt.09-07-2025 8/8

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420/34 of the Indian Penal Code.

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13. Accordingly, taking note of aforesaid, the

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FIR bearing Kashichak P.S. Case No. 124 of 2019, with

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all consequential proceedings, if any, is hereby quashed and set aside.

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14. Hence, this application stands allowed.