Abhimanyu Kumar Singh @ Abhimanu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42676 of 2013 Arising Out of PS.Case No. -78 Year- 2003 Thana -EKMA District- SARAN =========================================================== Abhimanyu Kumar Singh @ Abhimanu Singh S/O Late Kapleshwar Prasad Singh, Resident Of Village Haripur, P.S- Sonbarsa, District- Saharsa, presently posted As Anusewak Nahar Pramandal, Ekma, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 20-04-2017 The petitioner has been made accused in Ekma P. S. Case No. 78 of 2003 registered for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code. 2.

In the FIR, it is alleged that on the basis of forged letter of appointment and order of transfer the petitioner worked as a Class-IV employee and received salary from Saran Canal Division.

3.

The Police conducted the investigation and on completion of investigation, the allegations made in the FIR were found to be true. Accordingly, vide charge-sheet no. 93 of 2012 dated 30.06.2012, the petitioner was sent up for trial pursuant to which the learned Judicial Magistrate, 1st Class, Saran, Chapra vide impugned order dated 26.07.2012 took cognizance of the offences

Patna High Court Cr.Misc. No.42676 of 2013 dt.20-04-2017 2/2 punishable under Sections 420, 467, 468, 409 and 471 of the Indian Penal Code and summoned the petitioner to face trial. 4.

The aforesaid summoning order dated 26.07.2012 is under challenge in the present application. 5.

It is contended that the petitioner has already deposited Rs.40,320/- through treasury challen and hence, the State has been compensated for the loss caused due to the salary withdrawn by the petitioner. It is further contended that though the FIR was lodged in the year 2003, the charge-sheet was submitted after nine years on 30.06.2012. It is also contended that there is no explanation for the inordinate delay in completion of investigation. 6.

Be that as it may, since the allegations made in the FIR were found to be true during investigation and on perusal of the material available on record including the police report, the learned Magistrate found sufficient material to proceed against the petitioner, I see no illegality in the impugned order. 7.

Accordingly, the application is dismissed.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.04.2017 Transmission Date 20.04.2017