IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28383 of 2015

Arising Out of PS. Case No.-1265 Year-2014 Thana- PATNA COMPLAINT CASE District-

Patna

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

Mritunjay Kumar, son of Sri Bachcha Jee Choubey Resident of 20, Magadh

Vihar, Babu Bazar, Police Station - Gardanibagh, District - Patna.

... ... Petitioner/s

Versus

1.

State of Bihar

2.

Dharnidhar Mishra, son of late Rampravesh Mishra resident of Advocate

Colony, Gola Road, P.S. - Rupaspur, Dist. - Patna.

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Chakrapani, Advocate

Mr. Dipak Kumar, Advocate

Mr. Madhuresh Kumar, Advocate

Mr. Jagjit Roshan, Advocate

Mr. Avanish Kumar Singh

For the Opposite Party/s :

Mr. Ashraf Ansari, APP

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

CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

ORAL ORDER

25

17-03-2021

This is an application seeking quashing of the

order dated 06.06.2015 passed by the learned Judicial

Magistrate-Ist Class, Danapur, Patna in Complaint Case

No. 1265(C) of 2014, whereby cognizance has been

taken under Sections 323, 452 and 380 of the Indian

Penal Code.

The prosecution is based on the complaint filed

by opposite party No. 2 alleging that co-accused/Braj

Kishore Prasad, an Advocate of Patna High Court, lives

Patna High Court CR. MISC. No.28383 of 2015(27) dt.17-03-2021

2/6

adjacent to him and he is a habitual litigant. Without

there being any basis, it has been averred in the

complaint petition that Land Dispute Case No. 111 of

2012-13 has been filed by aforesaid Braj Kishore Prasad

before the L.R.D.C., Danapur for measurement of the

land belonging to the father of opposite party No. 2 and

aforesaid Braj Kishore Prasad. It has also been stated

that a case vide Rupaspur P.S. Case No. 119 of 2014

also has been lodged by Braj Kishore Prasad against the

family members of opposite party No. 2 on false and

frivolous grounds. In that case, the sons of opposite

party no. 2 was granted bail but in order to harass his

family, another case vide Rupaspur P.S. Case No. 204 of

2014 was got instituted by one Girija Manjhi, who is

none else but a factotum and acolyte of aforesaid Braj

Kishore Prasad. The police party, it has been alleged,

went in collusion with aforesaid Braj Kishore Prasad and

entered the house of opposite party No. 2 through the

window of the house of Braj Kishore Prasad. The

Patna High Court CR. MISC. No.28383 of 2015(27) dt.17-03-2021

3/6

opposite party No. 2 was manhandled, assaulted and his

two sons were also kept in police lock-up without any

reason. The son of the opposite party No. 2 was also

assaulted and had to go to hospital for getting himself

treated for the injuries suffered by him. Personal

belongings and valuables of opposite party No. 2 and his

sons were also alleged to have been taken away.

On the basis of the aforesaid complaint,

Complaint Case No. 1265(C) of 2014 was instituted,

whereupon cognizance has been taken as noted above.

It has been submitted on behalf of the

petitioner that he at the relevant time was the Station

House Officer of Rupaspur police station. Since four

cases were registered against the opposite party No. 2

and his family members, an attempt was made to arrest

the accused persons including the opposite party No. 2,

which was retaliated by him physically. With respect to

the aforesaid act, Rupaspur P.S. Case No. 206 of 2014

was lodged against the family of opposite party No. 2

Patna High Court CR. MISC. No.28383 of 2015(27) dt.17-03-2021

4/6

under various sections of the I.P.C. It is only thereafter

that several complaints have been filed between the

parties in which, the petitioner also has been made

accused.

It appears, it has been argued, that the dispute

between the two neighbours has led to filing of criminal

case against the petitioner also,