IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27163 of 2019 Arising Out of PS. Case No.-94 Year-2014 Thana- SHRIKRISHNAPURI District- Patna ======================================================

Amar Nath Son Of Dr. Shambhu Nath Resident Of Village - Indu Bhawan, House No.3, Gandhi Nagar, P.O.- G.P.O., P.S.- Krishnapuri, Dist.- Patna

800001 ... ... Petitioner/s Versus

1. The State Of Bihar Bihar

2. Smt. Arti @ Madhu Wife Of Dr. Manoj Kumar Srivastava Resident Of Village - M-3/30, Basawan Park, P.O.- G.P.O., P.S.- Sri Krishnapuri, Dist.-

Patna.800001 ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. M.N. Parbat, Sr. Advocate Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP For the O.P. No. 2 : Mr. Raj Kumar Goshwami, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

3 20-01-2026 Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the O.P. No. 2.

2. This application has been filed for quashing the order of cognizance dated 12.11.2014, passed by the learned Judicial Magistrate 1^st class, Patna, in connection with Sri Krishnapuri P.S. Case No. 94 of 2014 (Tr. No. 3549 of 2014) by which cognizance was taken of offences under Sections 341, 323, 504 of Indian Penal Code against the present petitioner.

3. The prosecution case, in brief, is that the informant was running a hostel in a building known as Nikhil Cottage. The children residing in the hostel were facing acute water problems, regarding which the informant informed the landowner. The landowner asked her to get the boring repaired through any mechanic, stating that he would not bear the expenses. Accordingly, the informant engaged a mechanic, and on 14.03.2014 the repair work of the boring was started. The said repair work was intermittently supervised by the landowner. However, on 23.03.2014, the landowner suddenly abused the mechanic, forcibly snatched his tools, and also took away the pipe purchased by the informant. It is further alleged that since the boring was not functioning properly despite repairs, the mechanic continued to work, and during this period she frequently visited the site, upon which the landowner levelled false allegations against her. The informant further stated that under Section 10 of the Bihar Building (Rent, Eviction & Control) Act, stopping basic amenities to a tenant amounts to a criminal offence. She therefore requested that the landowner desist from such acts and allow the continuance of basic facilities.

4. The learned Senior counsel for the petitioner submits that the FIR was initially registered under Sections 341, 323, and 379 of the Indian Penal Code and the charge sheet was submitted under Sections 341, 323, and 504 IPC. The cognizance was taken by the learned Judicial Magistrate 1^st Class, Patna, on 12.11.2014, and Tr. No. 3549 of 2014 was initiated. He further submits that the petitioner has been falsely implicated in this case due to personal enmity. This case is a counterblast to Sri Krishnapuri P.S. Case No. 93 of 2014, filed by the petitioner on 22.03.2014 against the first informant and others for theft of boring pipes, misbehaviour, and threats. In that case, the accused, Smt. Arti @ Madhu, had taken part of the petitioner’s house on rent but refused to vacate after the lease expired on 14.03.2014, demanding ₹2 lakhs for vacating the premises.

5. The learned Senior Counsel for the petitioner further submits that the petitioner owns a house named Indu Bhawan in Gandhi Nagar, Sri Krishnapuri Police Station area, which was rented to the first informant under a lease that expired on 14.03.2014. When the petitioner requested the informant to vacate, she refused, stopped paying rent, and filed multiple cases to pressure the petitioner. These included B.B.C. Case No. 29 of 2014, which was decided against th