Patna High CourtCR. MISC./20973/2015allowed

Lalita Singh @ Lalit Prasad Singh v. State Of Bihar And ANR

2023-04-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20973 of 2015 Arising Out of PS. Case No.-66 Year-2012 Thana- SHIVSAGAR District- Rohtas ====================================================== Lalita Singh @ Lalit Prasad Singh Son of Late Banshi Singh. Resident of village - Vishrampur, P.S.- Baddi, District - Rohtas. ... ... Petitioner/s

Versus

State Of Bihar and Anr 2.

Ram Kumar Pal. S/o Yamuna Pal, the then Officer-in-Charge, Baddi Outpost, District - Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siddharth Harsh For the Opposite Party/s :

Mr. Kr.Ranjit Ranjan app ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-04-2023 Heard the parties.

This application has been filed on behalf of the petitioner for quashing the order dated 05.12.2014 passed by learned Judicial Magistrate, 1st Class, Sasaram in G.R. No. 853 of 2012 arising out of Shivsagar (Baddi) P.S. Case No. 66 of 2012.

Learned counsel for the petitioner submits that there is no evidence against the petitioner and only on the basis of suspicion the petitioner is being prosecuted. He further submits that much before the date of occurrence the entire work of the road was completed, in respect of stone chips and therefore there was no occasion for the

Patna High Court CR. MISC. No.20973 of 2015(8) dt.03-04-2023 2/2 petitioner to keep stone chips on the road.

I have heard the learned APP also. Learned APP for the State, apart from generally opposing the case of the petitioner has not been able to point out any material which will point towards the criminality of the petitioner. In these circumstances, this application is allowed. Accordingly, the order dated 05.12.2014 passed by learned Judicial Magistrate, 1st Class, Sasaram in G.R. No. 853 of 2012 arising out of Shivsagar (Baddi) P.S. Case No. 66 of 2012 is hereby quashed.

(Sandeep Kumar, J) Vikas/Shishir U