M/S Trend Setters Books Ltd And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53079 of 2013 Arising Out of PS.Case No. -1649 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ===========================================================
1. M/S Trend Setters Books Ltd. Through Its Director Sri Pradeep Kumar Bubna, 56, Rani Jhansi Road, New Delhi - 110055
2. Pradeep Kumar Bubna S/O Late Nathmal Bubna, 56, Rani Jhansi Road, New Delhi - 110055 .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Abdin Enterprises And Co. Through Its Proprietor Sri Rahbar Abdin S/O Sri Sarwar Abdin Resident Of Flat No. 405, Pushpanjali Complex, Opposite Police Check Post, Boring Road, P.S. S.K. Puri, Town And District - Patna .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Subodh Kr. Jha Mr. Sarweshwar Tiwary Mr. R. Jha Mr. Jagat Narayan Singh For the Opposite Party/s : Mr. Sanrendra Kr. Jha For the State : Mr. Nawal Kishore Pd. =========================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date: 22-09-2017 Heard learned counsels for the petitioners, the State and the opposite party no. 2.
Petitioners, by means of this application under section 482 of the Cr. P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the order dated 03.09.2013 passed by Smt. Rashmi Prasad, J.M., 1st Class-cum-Additional Munssif-XIV, Patna in Complaint Case No. 1649C of 2013, whereby cognizance has been taken against the petitioners for the offences under sections 406, 403
Patna High Court Cr.Misc. No.53079 of 2013 dt.22-09-2017 2/3 and 506 of the I.P.C.
The contention of learned counsel for the petitioner/ is that no offence against the petitioners is disclosed and the present prosecution has been instituted with mala fide intention for the purposes of harassment. Learned counsel further submits that the present case has been filed on 13.05.2013 in retaliation of the earlier case lodged by these petitioners on 10.12.2012 before the Tis Hajari Court, Delhi. The dispute involved between the parties is purely civil in nature and as such, no criminal prosecution is warranted. In support of his submissions, learned counsel for the petitioners has placed reliance on the Judgment reported in AIR 2006 S.C. 2780. Learned counsels appearing for the opposite parties oppose the application by contending that there are allegations against the petitioners.
From perusal of the materials available on record and looking into the facts of the case, at this stage, this Court finds substance in the submissions made by the learned counsel for the petitioners. The dispute involved is civil in nature. The present case has been filed as a counter blast to the earlier case lodged by the petitioners. Such prosecution is a malicious prosecution in light of the law laid down by the Hon'ble Supreme Court in the case of State of Haryana Vs. Bhajan Lal reported in 1992 S.C.C. (Cri.) 426.
Patna High Court Cr.Misc. No.53079 of 2013 dt.22-09-2017 3/3 In view of the discussions made above, this Court feels that continuance of the present proceeding will be an abuse of the process of the Court. Accordingly, the order taking cognizance dated 03.09.2013 passed by Smt. Rashmi Prasad, J.M., 1st Class-cumAdditional Munssif-XIV, Patna in Complaint Case No. 1649C of 2013, is hereby quashed.
Accordingly, the application stands allowed.
(Arvind Srivastava, J) Shailendra/- AFR/NAFR NAFR CAV DATE 24.07.2017 Uploading Date 23.09.2017 Transmission Date 23.09.2017