IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56910 of 2017 Arising Out of PS. Case No.-700 Year-2013 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Anil Kumar son of Shri Sita Ram Singh, Resident of Maltikunj, Village- Itwa, P.O.- Dumri, P.S.- Singhaul O.P., District- Begusarai. ... ... Petitioner/s Versus 1. State Of Bihar 2. Shabroon Nisha, wife of Md. Shamshuddin, Resident of Village- Mirzapur Bardah, P.S.- Muffasil, District- Munger, Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shantanu Kumar, Adv. For the O.P. No. 2 : Mr. Ajit Kumar Singh, Adv. For the State : Mr. Sri Sanjay Kumar Tiwary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 3 02-02-2026 The instant application has been filed under Section 482 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) by the petitioner with a prayer to quash the order dated 18.10.2016 passed by the Court of the Ld. Chief Judicial Magistrate, Munger, in Complaint Case No. 700 (C) of 2013, taking cognizance of the offences punishable under Sections 323, 341, and 504 of the Indian Penal Code against the petitioner and one other. 2. Mr. Shantanu Kumar, learned counsel appearing for the petitioner, submits that on the day of the alleged occurrence the petitioner was the Station House Officer (SHO) of Muffasil P.S., Munger, and on that day at about 11:40 AM, upon acting Patna High Court CR. MISC. No.56910 of 2017(3) dt.02-02-2026 2/4 on secret information regarding the running of a gun factory inside the house of OP No. 2, the petitioner along with other police officers raided the said house. From the house of OP No. 2, several manufactured and semi-manufactured firearms, including a large number of equipment used in the making of firearms, were recovered. During the course of the raid, male and female members of the family of OP No. 2 gathered and started protesting, creating obstacles in the process of search and seizure of the alleged firearms and other equipment, and also assaulted the police personnel with lathi, danda, and stones. For the said incident, Muffasil P.S. Case No. 175 of 2013 was registered for several offences under the Arms Act as well as other offences under the IPC against the husband of OP No. 2, her family members, and others, and in this regard, the FIR of the said case filed as Annexure-2 is important. After the registration of the case, the police fairly investigated the matter and submitted the charge-sheet against the accused persons. The next day after the raid, OP No. 2, with a mala fide intention, lodged her complaint only to create pressure upon the police officials involved in the said raid. Further, prosecution sanction under Section 197 of the Criminal Procedure Code was not issued by the concerned competent authority in connection with Patna High Court CR. MISC. No.56910 of 2017(3) dt.02-02-2026 3/4 the alleged offences for proceeding against the petitioner, and in the absence of prosecution sanction, the learned Magistrate took cognizance against him, which is completely bad in the eyes of law. The petitioner and other police officials were discharging their official duties on 18.07.2013 while conducting the raid at the house of OP No. 2, so all the acts as alleged by OP No. 2 in her complaint are covered by the protection available under Section 197 of Cr.P.C., and the petitioner and other police officials did not exceed their official acts while conducting the raid, searching the house of OP No. 2, and seizing the alleged firearms. 3. Learned APP for the State opposes this petition but fairly accepts that prosecution sanction was not issued to prosecute the petitioner for the offences as alleged by OP No. 2 and also accepts that on the alleged date of occurrence the house of OP No. 2 was raided by the police. 4. Considering the aforesaid submissions, and taking into account the averments made in this application, particularly the contents of the FIR of Muffasil P.S. Case No. 175 of 2013 as well as the charge-sheet filed therein, this Court is of the view that OP No. 2 filed the complaint with a mala fide intention to harass the police officials and to create pressure upon the police Patna High Court CR. MISC. No.56910 of 2017(3) dt.02-02-2026 4/4 to escape the criminal liability arising against her husband and her family members on account of the recovery of a large quantity of manufactured and semi-manufactured firearms from the house of OP No. 2. Subjecting the petitioner to trial for the alleged offences of which cognizance has been taken would amount to a complete abuse of the process of the Court. The trial court passed the impugned order in a mechanical manner and that too without prosecution sanction. As such, the impugned order and the subsequent criminal proceedings initiated against the petitioner in light of the cognizance order are hereby quashed, and the instant petition stands allowed. siddharthkr/BKS - (Shailendra Singh, J) U T