Manan Mishra @ Manan Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9055 of 2020 Arising Out of PS. Case No.-6 Year-2009 Thana- NARKATIYAGANJ RAIL P.S. DistrictWest Champaran ====================================================== MANAN MISHRA @ MANAN KUMAR MISHRA S/o Late Sheo Chandra Mishra Resident of Village- Tiwari Kharaya, P.S.- Kuchaikote, DisttGopalganj. ... ... Petitioner.

Versus

1.

The State of Bihar 2.

Union of India through Ministry of Railway, Muzaffarpur Zone. Bihar ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Senior Advocate Mr. Sanjay Kumar Pandey, Advocate For the Railway : Mr. Priya Ranjan, Advocate For the State :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 Heard Mr. Ramakant Sharma, learned senior counsel assisted by Mr. Sanjay Kumar Pandey, Advocate, Mr. Priya Ranjan, for the Union of India and learned APP for the State. The present application under Section 482 of the Criminal Procedure Code has been preferred on behalf of the petitioner for quashing the order dated 30.01.2020 passed by the learned Railway Judicial Magistrate, Bettiah in Tr. No.132 of 2019, arising out of Narkatiyaganj Rail P.S. Case No.06 of 2009 by which the learned Magistrate has taken cognizance for the offences punishable under Section 171 F of the Indian Penal Code and Section 3 of the Defacement of Property Act. The prosecution case, in brief, is that the complainant

Patna High Court CR. MISC. No.9055 of 2020(30) dt.03-11-2022 2/3 gave a written report before the S.H.O., Ram Nagar on 10.04.2009 alleging therein that during the course of patrolling, poster of B.S.P. candidate (Petitioner) was found in the premises of Hari Nagar Railway Station, which is a case of violation of code of conduct.

Learned senior counsel for the petitioner submits that the petitioner has no knowledge that who had put that poster in the premises of Hari Nagar, Railway Station. He further submits that the informant has given a colour of criminal offence to wreak vengeance against the petitioner at the instance of his enemies. There is nothing on record to establish that alleged poster was pasted by the petitioner or his men. It might be the conspiracy of his opponents. He further submits that during the period of election, some similar type of cases had been instituted against the petitioner at the instance of ruling party and his opponents and this Hon'ble Court has been pleased the quashed the similar types of cases against the petitioner i.e. Cr. Misc. No.37512 of 20212, Cr. Misc. No.48445 of 20212 and Cr. Misc. No.24817 of 2013.

Having considered the submissions and the nature of allegation, this application is allowed and the order of cognizance dated 30.01.2020 passed by the learned Railway

Patna High Court CR. MISC. No.9055 of 2020(30) dt.03-11-2022 3/3 Judicial Magistrate, Bettiah in Tr. No.132 of 2019, arising out of Narkatiyaganj Rail P.S. Case No.06 of 2009 is hereby set aside. (Anjani Kumar Sharan, J.) Trivedi/- U T