Patna High CourtCR. MISC./65649/2019allowed

Digvijay Pratap Singh v. The State Of Bihar

2026-01-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65649 of 2019 Arising Out of PS. Case No.-24 Year-2018 Thana- COMPLAINT CASE District- Sheohar ====================================================== DIGVIJAY PRATAP SINGH Son of Late Mangal Prasad Singh Resident of Village-Madhopur Chhata, P.S.-Hiramda, District-Sheohar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar 2.

Sudhir Kumar Singh Son of Late Chandeshwar Singh Resident of VillageMadhopur Chhata,P.S.-Hiramda, District-Sheohar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-01-2026 Heard the parties. None appears on behalf of the opposite party no. 02 despite valid service of notice.

2. This application has been filed for quashing the order dated 03.07.2019 passed in Complaint Case No. 24 of 2018 by the learned Chief Judicial Magistrate, Shoehar.

3. As per the prosecution case, the opposite party no. 02 has given Rs. 35,000/- to the landlord Uday Pratap Singh (who was the elder brother of the petitioner and now dead) for transferring a piece of land. Uday Pratap Singh had promised the opposite party no. 02 that he will execute the sale deed but it is alleged against the petitioner that he, after the death of his elder brother, has dishonestly transferred the said piece of land

Patna High Court CR. MISC. No.65649 of 2019(4) dt.29-01-2026 2/2 to accused no. 2 and 3.

4. Upon perusal of the complaint case, it appears that the alleged amount was given to the elder brother of the petitioner and not the petitioner and the present prosecution, appears to be mala fide one only to wreak vengeance from the petitioner as he is in politics and ex-member of the Legislative Assembly of Belsandi constituency.

5. In view of the aforesaid and also in view of the judgment of the Hon'ble Supreme Court in the case of State of Haryana Vs. Bhajan Lal reported in 1992 Supp (1) SCC 335, this application is allowed.

6. Accordingly, the order dated 03.07.2019 passed in Complaint Case No. 24 of 2018 by the learned Chief Judicial Magistrate, Shoehar, is hereby quashed.

(Sandeep Kumar, J) Vikas/- U