Upendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7507 of 2023 Arising Out of PS. Case No.-483 Year-2010 Thana- SAKRA District- Muzaffarpur ====================================================== Upendra Jha, son of late Ramakant Jha, resident of village- Silout Basdeo Msusta, P.S.- Sakara Muzaffarpur, District- Muzaffarpur (Bihar) ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Braj Kishore Prasad, Advocate For the Opposite Party :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing of order dated 28.08.2018 passed by learned A.C.J.M.-IV, Muzaffarpur, in Sakra P.S. Case No. 483 of 2010, by which the learned Magistrate has taken cognizance against the petitioner for the offence under Section 409 of the Indian Penal Code. The present F.I.R. has been lodged against the petitioner, who at the relevant time, was working as Panchayat Secretary and against the then Mukhiya. It has been alleged that the accused persons intentionally did not allot the house to the complainant namely, Binod Kumar Thakur, under Indira Awas Yojana.

On perusal of the F.I.R., it appears that prima facie case is made out against the petitioner. Further, the petitioner

Patna High Court CR. MISC. No.7507 of 2023(2) dt.27-02-2023 2/2 has not been able to make out a case for quashing of the order dated 28.08.2018 taking cognizance against the petitioner. Accordingly, this quashing petition stands dismissed. However, the petitioner is at liberty to raise all the grounds, as available under the law, at appropriate stage. (Sandeep Kumar, J) pawan/- U T