Rabindra Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9660 of 2016 Arising Out of PS. Case No.-1 Year-2014 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Rabindra Kumar Son of late Banwari Yadav Resident of Village-Chandpur Bhangha Police Station Janki Nagar, District Purnea Ex-incharge Principal N.P. Inter College, Kumarkhand P.s Kumarkhand District Madhepura. ... ... Petitioner/s
Versus
1.
State Of Bihar 2.
Md. Salim s/o Md. Jainul Resident of Village-Bazar P.s Kumarkhand District Madhepura, Present Incharge Principal of path Prasad Inter College Neti Nagar Kumarkhand, P.s Kumarkhand district Madhepura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None.
For the Opposite Party/s :
Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-03-2023 No one appears on call for the petitioner.
This is an application for quashing of the order dated 27.5.2014 passed by the learned Judicial Magistrate, First class, Madhepura, in connection with complaint case No.- 01/2014 whereby and whereunder he took cognizance under sections 420, 406 of the Indian Penal Code.
The petitioner was Incharge of Neti Prasad Inter College, Neti nagar, Kumarkhand, District-Madhepura. He illegally withdrew Rs. 1,41,000/- through three cheques for his own benefit without any direction from the Management Committee of the College.
Patna High Court CR. MISC. No.9660 of 2016(2) dt.28-03-2023 2/2 Upon inquiry, he failed to give any satisfactory explanation and as during the course of audit, his illegal act came into existence. Accordingly, the present case. Considering the kind of allegation that has come against him, no relief can be granted.
However, as no one has appeared, the petition stands dismissed for non-prosecution with liberty to raise all the points before the Trial Court at an appropriate stage . (Rajiv Roy, J) Ajay Singh/- U T