Patna High CourtCR. MISC./10916/2012allowed

Dasrath Singh v. The State Of Bihar And ANR.

2016-02-22Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10916 of 2012 Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA =========================================================== Dasrath Singh S/O Late Ram Pujan Singh Resident of New Jakkanpur, P.S.- Jakkanpur, District- Patna, At Present Residing At Mohalla- Mithapur 'B' Area, P.S.- Jakkanpur, District- Patna .... .... Petitioner/s

Versus

1. C.B.I.

2. Binod Kumar @ Arun Kumar Das S/O Late Sheodhar Lal Das Resident Of Mohalla- Subhash Nagar, Chatauni Chowk, P.S.- Chatauni, District- East Champaran .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Singh, Adv. Mr. Tulika Singh, Adv.

For the CBI : Mr. Bipin Kumar Sinha, Adv. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 22-02-2016 Counter affidavit filed on behalf of the Central Bureau of Investigation, be kept on record.

The petitioner seeks quashing of the order dated 18.08.2010 by which the Special Judge, CBI, South Bihar Patna in Special Case No. 15 of 1994 has summoned the petitioner to face the trial under Section 319 Cr.P.C.

Without going into the controversies which were raised in regard to recording the orders by the Court below, it is sufficient to say that the petitioner was not named in the first information report as a person who had demanded bribe. It is only during the trial that such

Patna High Court Cr.Misc. No.10916 of 2012 dt.22-02-2016 2/2 an statement was made. In such circumstances, evidently this statement is an omission amounting to contradiction which will make his prosecution a nullity.

Hence the application stands allowed and the proceedings including the order dated 18.08.2010 by which the Special Judge, CBI, South Bihar, Patna in Special Case No. 15 of 1994 has summoned the petitioner, is hereby quashed so far as the petitioner is concerned.

(Anjana Prakash, J) Prakash/- U T