Patna High CourtCR. MISC./46871/2008allowed

Gopal Kumar Agarwal v. The State Of Bihar And ANR

2015-06-30Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46871 of 2008 Arising Out of Complaint Case No.CC 204 of 2007 District- KISANGANJ =========================================================== Gopal Kumar Agarwal, son of Sri Tarachandra Agarwal, resident of village Ganesh Tola, Negda Duba, P.O. & P.S. Galgalia, Prakhand-Thakurganj, Distt. Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Election Officer, 134-Thakurganj Legislative Assembly, Constituency-cumAdditional Collector, Kishanganj. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv. Mr. Nikil Kumar, Adv.

Mr. Vikas Ratan Bharti For the State : Mr. M.N. Jha, A.P.P. For the Opposite Party No. 2 : Mr. Bhola Prasad, Adv. Mr. Tarun Prasad Mandal =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 30-06-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 28.1.2008 passed by the Chief Judicial Magistrate, Kishanganj, in Complaint Case No. CC 204 of 2007 under Section 125-A of the Representation of the People Act, 1951.

The case of the Informant being the Election Officer Thakurganj, is that the Petitioner while filing nomination paper did not declare that he was an accused in one Criminal case. It has been submitted that the requirement in law is to the extent that a person is to disclose as to whether charges have been

Patna High Court Cr.Misc. No.46871 of 2008 dt.30-06-2015 2/2 framed against him and not whether he is an accused. Since charges were not framed against him he committed no wrong. In such circumstances, evidently, the present Prosecution is unwarranted.

Be that as it may, the application is allowed and the Proceeding including the order dated 28.1.2008 passed by the Chief Judicial Magistrate, Kishanganj, in Complaint Case No. CC 204 of 2007, is hereby, set aside.

(Anjana Prakash, J) S.Ali/- U T