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Patna High CourtCR. MISC./30545/2013dismissed

Prakash Prasad v. State Of Bihar And ANR

2016-08-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30545 of 2013 Arising Out of PS.Case No. -130 Year- 2008 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) =========================================================== Prakash Prasad S/O Late Mahavir Prasad R/O Vill.- Shamabad, P.S.- Rahui, Distt.- Nalanda.

.... .... Petitioner

Versus

1. The State Of Bihar

2. Block Development Officer, Harnaut .... .... Opposite Party =========================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. Jharkhandi Upadhayay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 02-08-2016 Despite repeated calls, none appears on behalf of the petitioner.

2.

The instant application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner challenging the order dated 20.08.2008 passed by the learned Chief Judicial Magistrate, Nalanda at Biharsharif by which cognizance for the offences punishable under Sections 409 and 420/34 of the Indian Penal Code has been taken against him in Harnaut P. S. Case No. 130 of 2008.

3.

According to the FIR, the petitioner, being a

Patna High Court Cr.Misc. No.30545 of 2013 dt.02-08-2016 2/2 Panchayat Sewak, is alleged to have committed irregularities in construction of Primary School, Sherpur and misused the fund entrusted to him. The allegations made in the FIR were found to be true. After going through the allegations made in the FIR, materials collected during investigation and the police report submitted under Section 173(2) of the Code of Criminal Procedure, the learned Magistrate found sufficient materials to summon the petitioner to face trial for the offences punishable under Sections 409 and 420/34 of the Indian Penal Code.

4.

Regard being had to the nature of allegation made in the FIR, as also the reasons assigned in the impugned order passed by the learned Magistrate, I find no merit in this application. Accordingly, it is dismissed.

(Ashwani Kumar Singh, J.) Kanchan/- U T