STATE OF BIHAR AND ANR. versus MD. KHALIQUE AND ANR.

Citation: [2001] SUPP. 5 S.C.R. 355 · Decided: 28-11-2001 · Supreme Court of India · Bench: K.T. THOMAS · Disposal: Appeal(s) allowed

Judgment (excerpt)

' 
STATE OF BIHAR AND ANR. 
A 
v. 
MD. KHALIQUE AND ANR. 
NOVEMBER 28, 2001 
[K.T. THOMAS AND S.N. PHUKAN, JJ.] 
B 
Criminal Law : 
Code of Criminal Procedure, 1973-Sections 482, 156 and 157-lnves-
tigation by police-Interference by High Court-Held, when prima fade case 
C 
is made out against the accused and cognizable of.fence disclosed, High Court 
not justified in quashing the investigation-Power to quash to be exercised in 
rarest o.f rare cases-Penal Code, 1860 Sections 1208, 419, 420 and 467. 
Jamindari of ex-intermediary of one 'R' vested in the State Govern· 
D 
ment. Officers of the Government in collusion with the respondent carried 
out official assessment of the asset without proper jurisdiction and forged 
some documents while preparing the annual income of the ex-intermedi· 
ary. On these allegations FIR was lodged against the accused persons. Writ 
petition was filed and the High Court quashed the entire investigation 
holding that there were no specific allegation. Hence the present appeal. 
Allowing the appeal, the Court 
E 
F 
HELD : In view of the specific allegations of forgery of the assess· 
ment order of compensation payable under the Bihar Land Reforms Act, 
1955, fraud played while verifying the interest of the Jamindari and con· 
spiracy against the respondents made in the FIR, a prima .facie case was 
made out against the accused persons and a cognizable offence was dis· 
G 
closed. Thus the High Court ought not to have interfered with the investi· 
gation and should have permitted the police to complete it. [357-D; F; H] 
State of Haryana and Ors. v. Bhajan Lal and Ors., [1992] Supp. 1 SCC 
335, relied on. 
355 
H 
356 
SUPREME COURT REPORTS 
(2001] SUPP. 5 S.C.R. 
A 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1217 
of 2001. 
From the Judgment and Order dated 9.12.99 of the Patna High Court in 
C.R.W.J.C. No. 243 of 1996. 
B 
B.S. Singh for the Appellants. 
c 
D 
E 
F 
G 
N.P. Midha for Bharat Sangal, Adv. for the Respondents. 
The Judgment of the Court was delivered by 
PHUKAN, J. Lave granted. 
In this appeal by special leave the appellants have assailed the judgment 
dated December 09, 1999 of the High Court of Judicature at Patna passed in 
CRWJC No. 243 of 1996. By the impugned judgment, the High Court quashed 
the investigation of a case, "'.hich was registered under Sections 419, 467, 420 
and Section 120B of the Indian Penal Code. The first information report was 
filed against eight accused out of which six were Revenue Officers and two 
were private persons. Two private persons filed a writ petition before the High 
Court and the High Court by the impugned order quashed the entire investi-
gation ignoring the fact that there were six government officials. 
Briefly stated the facis are as follows : 
'fhe Jarnindari of ex-intermediary viz. Raghu Mahto vested in the State 
Government in terms of the·provisions of the Bihar Land Reforms Act, 1955. 
It was alleged that the Government had to submit official assessment of the 
asset, which was made without proper jurisdiction by the six officers of the 
Government in collusion with the respondents with the malafide intention of 
their vested interest. Documents were forged while preparing the annual in-
come of the ex-intermediary. On these allegations, the FIR was lodged in the 
police station. The High Court quashed the investigation inter alia holding that 
there was no specific allegation and overt act alleged against the writ petition-
ers except that in collusion with the officials of the department the excess 
amount was withdrawn. According to the High Cou1t no excess amount was 
paid in view of the earlier judgment of the High Court in a writ petition. 
Law is well settled regarding interference by the High Court with an 
investigation of a case. In the leading case of this Court in State of Haryana 
and Ors. v. Bhaian Lal and Ors., [1992] Supp. 1 SCC 335, this Court by way 
H 
of illustration stated seven categories of cases where the extraordinary power 
STATE v. MD. KHALIQUE [PHUKAN, J.] 
357 
under Article 226 or inherent power under Section 482 Cr. P.C. can be exer-
A 
cised by the High Court either to prevent abuse of process of any court or 
otherwise to secure the ends of justice. Out of seven categories two categories 
are relevant for our present purpose viz.: 
"(l) Where the allegations made in the first information report or the 
complaint, even if they arc taken at their face value and accepted in 
B 
th

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