Alka Agrawal vs The State Of Bihar and Ors

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34609 of 2015
CNR No. BRHC010259322015
Arising Out of PS. Case No.-577 Year-2007 Thana- PATNA COMPLAINT CASE District-
Patna
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Alka Agrawal W/o Shri Rakesh Agrawal Resident of Maanro Mansion, 2nd
Floor, At P.O. P.S. Kankarbagh, District Patna, Presently resident of Mahajan
Toli No. 1, At P.O. P.S. Ara, District Bhojpur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Senior Superintendent of Police, Patna, District Patna.
3. The Station House Officer, Kankarbagh Police Station, Kankarbagh, Patna.
4. Anand Kishore Nougaraiaya S/o Late Shyam narayan Prasad Resident of
Mohalla Dariba Baj Bahadur, Dira Par, Mangal Talab, Near Pani Tank, P.S.
Chowk, Patna City, District Patna-800008.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mohit Agarwal, Adv.
Mr. Vikash Khanna, Adv.
Mrs. Twinkle Kumari, Adv.
For the Opposite Party/s : Mr. Anil Kr. Singh No. 1, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 02-11-2026
Heard Mr. Mohit Agrawal, learned counsel for the
petitioner and Mr. Anil Kumar Singh No. 1, learned A.P.P.
for the State.
2. The present quashing petition has been filed for
quashing of the order dated 19.02.2013 as passed by
st
learned Judicial Magistrate, 1 Class, Patna City in Complaint
Case No. 577/2007/ T.R No. 643/2012 by which the
Petitioner's house has been locked and sealed by the

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Opposite Party No. 3, in execution of process issued under
Section 82 and 83 of the Code of Criminal Procedure, 1973.
3. The brief facts of the case is that a Complaint
Case No. 577/2007 was filed by one Anand Kishore
Naugraiya against Rakesh Agrawal, the husband of the
Petitioner for alleged dishonor of the Cheque of Rs. 3 Lac
dated 6.3.2007 issued in favour of the Complainant by the
said Accused Rakesh Agrawal, who has borrowed the said
amount from the Complainant.
st
4. After inquiry, Learned Judicial Magistrate 1
Class was pleased to take cognizance vide order dated
28.1.2008 under Sections 420, 406 of the Indian Penal
Code and Section 138 of the Negotiable Instrument Act
against the accused, Rakesh Agrawal, who is the husband of
the petitioner.
5. Mr. Mohit Agrawal, learned counsel appearing on
behalf of the petitioner submitted that the present quashing
petition was preferred on the sole ground that the impugned
order dated 19.03.2015, not only subjected the house,
exclusively owned by the petitioner, to attachment but also

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restrained the petitioner from alienating the property.
6. It is submitted by Mr. Agrawal that the order
dated 19.02.2013 was passed gathering wrong impression
as the husband is the owner of the property in issue,
whereas in actual it was purchased by petitioner from one
Hansraj Manrav, son of late Lakhmeer Chandra Manrav,
resident of Mohalla – Rajendra Nagar, P.S. - Kankarbagh,
Patna, through registered sale deed dated 19.01.1998,
which is Annexure-5 of the present petition. It is submitted
that the property was purchased against cash of Rs. 1 lakh.
7. In view of aforesaid it would be apposite to
reproduce impugned order dated 19.02.2013, which is as
under :-
st
“ Court of Shri R.S. Pandey, J.M. 1 Class, Patnacity
Case No. C.A. No. 577/2077/Tr. No. 643/2012
Anand Kishore Naugreya V/s Rakesh Aggrawal
Order Sheet
19.02.13 The compliance report of the order of the Court
relating to attachment of immovable property of the accused
has been submitted by the S.H.O. Kankarbagh Police Station.
The house stands attached by the order of the court and the
matter stands informed to the Collector, Patna and Sub-
Registrar Patna so as to restrain the sell of the property i.e.
house of accused Rakesh Aggrawal, S/o Late Janki Prasad
Aggrawal, Manro Manson, Old Bypass, back of State Bank of
India, P.S. - Kankarbagh, Dist. Patna, Khata No. 170, 171,
Plot No. 267, 268, 269 the flat on the Third floor.
Put the record on the date fixed for further proceeding. No

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further proceeding of any kind is hereby drawn or
recommended against the concerned S.H.O. He is directed to
be more vigilant in compliance with the orders of the Courts in
future and be obedient to the directions of his superiors.
Sr.S.P., Patna is directed to release the salary of the
concerned S.H.O. i.e. SHO. Of Kankarbagh Police Station
which had been stopped V.O. dt. 29.10.12.
O/c is directed to send a copy of this order to Sr.S.P.
Patna immediately. Let a copy of this order be also sent to the
concerned S.H.O.
Sd/-
Judicial Magistrate.”
8. At this stage, Mr. Mohit Agrawal, learned
counsel for the petitioner made a submission at the bar that
including mezzanine floor, the flat of this petitioner was
considered as the third floor from outside whereas per the
sale deed, it is second floor.
9. A statement was made at bar by Mr. Agrawal
that no flat in the name of the husband of the petitioner
stands in same building.
10. Considering the aforesaid submission and
unimpeachable documents which is the registered sale deed
(Annexure ‘5’ of the petition), shows that the flat in issue is
the exclusive property of this petitioner which under wrong
impression was considered as the property of the accused
against which an order of attachment and an order of
restraining it from sale was passed in terms of impugned

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order, as reproduced aforesaid.
11. Accordingly, the impugned order dated
st
19.02.2013 as passed by learned Judicial Magistrate, 1
Class, Patna City in Complaint Case No. 577/2007/ T.R No.
643/2012 with aforesaid extent, be set-aside/quashed.
12. The present quashing petition stands allowed.
13. Let a copy of this judgment be sent to the
learned trial court forthwith.

(Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.11.2026
Transmission Date 02.11.2026