Sunil Kumar Ishwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22013 of 2013 Arising Out of PS.Case No. -48 Year- 2005 Thana -SARAI RANJAN District- SAMASTIPUR ====================================================== Sunil Kumar Ishwar, Son of Tripti Narayan Ishwar, Resident of Village Gudhma, Police Station- Sarai Ranjan, District- Samastipur .... .... Petitioner

Versus

1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. None For the Opposite Party/s : Mr. Aditya Narayan Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-06-2016 Today again on call, none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. On the last date also, there was non-appearance on behalf of the petitioner.

Sri Aditya Narayan Singh, learned Addl. Public Prosecutor, by way of referring to averments made in the counter affidavit as well as Annexure-O/1 to the counter affidavit, submits that on the date of order of cognizance i.e. 26.02.2013, the petitioner was not functioning as Mukhiya and, as such, he was not a public servant within the definition of Public Servant, as prescribed under the Prevention of Corruption Act. He further submits that so far prosecution sanction in respect of other offences under the Indian Penal Code is concerned, time without number, it has been held that for such offences, on the ground of

Patna High Court Cr.Misc. No.22013 of 2013 (8) dt.29-06-2016 2/2 non-availability of prosecution sanction, the order of cognizance may not be interfered with.

Be that as it may, since repeatedly none appeared on behalf of the petitioner, the petition stands dismissed due to non-prosecution.

(Rakesh Kumar, J) NKS/- U