IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6941 of 2016 Arising Out of PS. Case No.-207 Year-2015 Thana- KOTWALI District- Patna ======================================================

1. Dr. Sheela Sharma Wife of Dr. Janakdeo Prasad Sinha

2. Dr. Rahul Janak Sinha @ Rahul Kumar

3. Dr. Shantanu Sinha @ Shantanu Kumar Both sons of Dr. Janakdeo Prasad Sinha All residents of House No. 0/83, Doctors Colony, Kankarbagh, P.S.-

Kankarbagh in the town and District- of Patna ... ... Petitioner/s Versus

1. The State of Bihar

2. Amitabh Kumar, IRS (Customs and Indirect Taxes) Office Address Joint Secretary At Deptt. of Commerce, Ministry of Commerce and Industry, Vanijya Bhawan 347, New Delhi 110011

3. Mala Pandey, NA R/o Kendriya Vihar, Flat No. 242, 4th Floor Suvidha Apartments, Plot 10, Sector 56, Gurugram, Harayana

4. Meeta Mohini, NA R/o House No. 7, Kitab Bhawan Path, North Srikrishna Puri, P.S.- Srikrishna Puri, Distt.- Patna

5. Durgesh Nandini NA R/o 4453 Brookes Walk, Tucker, GA 30084, USA

6. Anupam Shrihari NA R/o House No 248, Sector 31, Block A, Noida 201301 ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Patanjali Rishi, Advocate Mr. Pravin Kumar Sinha, Advocate For the State : Mr. P.K.Chaurasia, A.P.P.

For the Informant : Mr. Deepak Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL JUDGMENT

Date : 01-08-2025 Heard learned counsel for the petitioners, learned A.P.P.

for the State and learned counsel appearing on behalf of the informant.

2. The petitioner no. 3, in compliance of the order dated

25.07.2025, is present in the Court.

3. Learned counsel appearing on behalf of the petitioners submits that the instant quashing application has been filed for quashing the order dated 10.11.2015 passed by the learned Chief Judicial Magistrate, Patna in Kotwali P.S. Case No. 207 of 2015, GR No. 2620 of 2015 whereby cognizance has been taken under Sections 448, 380, 506 and 34 of the Indian Penal Code against the petitioners.

4. Learned counsel for the petitioners further submits that the informant of the case, during pendency of the quashing application, died, as such, her legal heirs have been substituted. It is next submitted that original informant, namely, Smt. Prabha Sharma was own sister of Dr. Sheela Sharma who is petitioner no. 1 in the instant quashing application and petitioners no. 2 and 3 are sons of petitioner no. 1. It is also submitted that informant instituted the aforesaid FIR with an allegation that Dr. Sheela Sharma along with her two sons, namely, Dr. Rahul Janak Sinha @ Rahul Kumar and Dr. Shantanu Sinha @ Shantanu Kumar and the builder, namely, Sushil Kumar Pansari, Director Jeevanshree Infrastructure Private Limited, have committed overt criminal acts for which they are liable to be punished under Sections 379, 424, 427, 440, 452, 453, 454, 455, 456, 120B and 34 of the Indian Penal Code in the background of her active resistance to the attempts of the aforementioned persons to grab her property and the deliberate inaction of the police hierarchy, she apprehends serious threat to her life and that of her family.

5. Learned counsel for the petitioners further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the same does not even remotely suggest that informant was own sister of the petitioner no. 1, rather an impression was created that criminals are trying to grab the property of the informant. It is next submitted that the police, after threadbare investigation, came to a considered conclusion that petitioners are innocent and, thus, submitted Final Form No. 250 of 2015 dated 16.08.2015 exonerating the petitioners of the allegation but then the learned trial court differing with the police report took cognizance under the aforementioned sections. Learned counsel also submits that it is pertinent to submit here that a title su