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Patna HC quashes extortion case against former Bihar Cricket Association president Rakesh Tiwary

Patna, Oct 16 (UNI) The Patna High Court has quashed criminal proceedings, including a cognizance order, against former Bihar Cricket Association president Rakesh Kumar Tiwary in an alleged extortion case, holding that the proceedings suffered from legal infirmities and amounted to an abuse of the process of law.
In a judgment delivered yesterday, Justice Soni Shrivastava set aside the May 5, 2025, order of a Judicial Magistrate First Class in Patna taking cognizance of an alleged offence under Section 384 of the Indian Penal Code (IPC) and summoning Tiwary.
The case arose from a complaint filed by Sheela Tiwary alleging intimidation and related offences in connection with a case registered at Kadamkuan police station.
Following an investigation, the police submitted a closure report, concluding that the allegations were untrue.
After the closure report was accepted, an earlier protest petition filed by the complainant was treated as a private complaint. The magistrate subsequently took cognizance of the alleged extortion offence and issued summons to Tiwary, prompting him to approach the High Court.
The High Court observed that the magistrate had taken cognizance without adequate application of judicial mind and that the complaint did not disclose the essential ingredients of extortion under Section 384 IPC, which involves putting a person in fear of injury to dishonestly induce the delivery of property.
The court also took note of the witnesses examined during the inquiry, observing that they included the complainant''s husband and his staff.
The court also noted Tiwary''s contention that he was in Mumbai participating in the nomination process relating to the Board of Control for Cricket in India (BCCI) when the alleged incidents were said to have occurred in Patna.
Emphasising the need to prevent misuse of the judicial system, the court observed that frivolous litigation should not become the order of the day and that the justice delivery system should not be used to settle personal scores.
The High Court accordingly quashed the criminal proceedings against Tiwary, including the cognizance order dated May 5, 2025, in Complaint Case No. 15721(C) of 2024.
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