Babuan Jha @ Hargovind Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78522 of 2019 Arising Out of PS. Case No.-1148 Year-2012 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

BABUAN JHA @ HARGOVIND JHA Son of Late Lotan Jha Resident of Village - and P.O.- Gaur Andhra, P.S.- Rudrapur, Distt.- Madhubani. 2.

Ganesh Kumar Jha Son of Sri Babuan Jha @ Hargovind Jha Resident of Village - and P.O.- Gaur Andhra, P.S.- Rudrapur, Distt.- Madhubani. 3.

Lalita Devi W/O Babuan Jha @ Haregovind Jha Resident of Village - and P.O.- Gaur Andhra, P.S.- Rudrapur, Distt.- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bharat Jha Son of Late Bal Govind Jha Resident of Village - and P.O.- Gaur Andhra, P.S.- Rudrapur, Distt.- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Ravi Shankar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The instant petition, under Section 482 of the Code of Criminal Procedure, 1973 ( for short 'the Code'), has been preferred for quashing the order dated 12-02-2014 passed by J.M. 1st Class, Jhanjharpur in C.R. No.1148 of 2012, T.R. No. 2285 of 2014, by which the learned Magistrate has taken cognizance against the petitioners for the offence under Sections 323, 379 and 427 of the Indian Penal Code as also the order dated 01.05.2019, passed by learned 1st Additional

Patna High Court CR. MISC. No.78522 of 2019(2) dt.09-12-2019 2/2 Sessions Judge, Madhubani, in Cr. Rev. No. 1978 of 2014 C.F whereby he has affirmed the order taking cognizance dated 12.02.2014.

The petitioners' counsel submits that the prosecution case is based on mala fide since the parties are on litigating terms and there is pending civil litigation between the parties. The Court has gone through the allegations made in the complaint petition. The ingredients of criminal offences, for which, the complaint has been lodged are, prima facie, found in the complaint petition. At the stage of taking of cognizance, nothing more was required to be seen. The pendency of civil litigation between the parties since before per se cannot be made a ground to interfere with the cognizance order which is based on the averments and disclosure of prima facie offences on the basis of such averments.

The application stands dismissed.

(Madhuresh Prasad, J) shyambihari/- U T