Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11070 of 2012 ====================================================== Rajendra Prasad @ Rajendra Prasad Gupta S/O Late Damri Sah, Radhika Sadan R/O Mohalla - Yarpur, Khagaul Road, Police Station - Gardanibagh, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Pyarelal S/O Late Rajendra Prasad R/O Village - Naubatpur, Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Devendra Kumar Singh, Adv. Mr. Ravindra Kumar Sinha, Adv. For the State : Mr. G.S. Gupta, A.P.P. For the Opposite Party No. 2 : Mr. Deo Raj Kumar Prasad, Adv. Miss. Savitri Devi, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4. 27-09-2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the entire proceeding including the order dated 20.9.2010 passed by the Sub Divisional Judicial Magistrate, Danapur, in Complaint Case No. 1186(c) of 2008 by which he has taken cognizance in the matter. The background facts of the case is that on 18.9.2005, a First Information Report was instituted by the Complainant alleging therein that the accused persons entered forcibly into his house and started uprooting the plants within his boundary wall. When protested, they generally assaulted the women and also Patna High Court Cr.Misc. No.11070 of 2012 (4) dt.27-09-2012 2 / 3 2 threatened that they would face dire consequences later on. After investigation, Final Report was submitted in the matter with the recommendation that the Informant be proceeded against under [STATUTE] . However, no proceeding has been initiated by the Magistrate. After submission of the Final Report, the present Complaint was filed by way of a protest petition repeating the same allegation. It has been submitted on behalf of the Petitioner that as evident from the narrative disclosed, both, in the First Information Report as well as the Complaint, it is evident, that there is some civil dispute between the parties over ownership of the disputed land. The occurrence is said to have taken place on account of assertion of such rights. On the other hand, the counsel for the Complainant submits that their party has been assaulted as well as a proceeding under [STATUTE] is pending and, therefore, the proceeding be not quashed. Having gone through the documents annexed herewith, I am clearly of the opinion that evidently, the case emanates from a civil dispute and it would be in the interest of justice that the prosecution be quashed. In view of such, the application is allowed and the Patna High Court Cr.Misc. No.11070 of 2012 (4) dt.27-09-2012 3 / 3 3 entire proceeding including the order dated 20.9.2010 passed by the Sub Divisional Judicial Magistrate, Danapur, in Complaint Case No. 1186(c) of 2008 is hereby set aside. The Magistrate concerned is also directed not to take any action on the Final Report submitted in Naubatpur P.S. Case No. 167 of 2005 recommending action against the Informant. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 211

Statute Text:
Section 211 of the Indian Penal Code. False charge of offence made with intent to injure. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.