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Patna High CourtCR. MISC./20443/2014dismissed

Anand Kishore Singh v. The State Of Bihar

2016-08-09Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 20443 of 2014 Arising Out of PS.Case No. -475 Year- 2011 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Anand Kishore Singh Son of Sri Yamuna Prasad, deputed Peon, District Superintendent of Education Office, Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sujit Kumar Singh For the Opposite Party/s : Mr. Narendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

09-08-2016 Heard Sri Sujit Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner has approached this Court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 20-06-2013 passed by Sri R.K.Singh, learned Judicial Magistrate 1st Class, Samastipur in Samastipur Town P.S. Case No. 475 of 2011 registered for offence under Sections 420, 406 & 34 of the Indian Penal Code. By the said order, the learned Magistrate has rejected the petition filed under Section 239 of the Cr.P.C. for discharge of the petitioner.

Learned counsel for the petitioner tried to persuade the Court that only on an allegation that petitioner was one of the

Patna High Court Cr.Misc. No.20443 of 2014 (2) dt.09-08-2016 2/2 conduit, he has been made accused. There is no direct accusation against the petitioner.

Be that as it may, after noticing the impugned order and allegation in the F.I.R., I do not find any ground to interfere. The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T