Shyam Nandan Thakur And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33663 of 2014 Arising Out of PS.Case No. -36 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Shyam Nandan Thakur

2. Upendra Thakur

3. Surendra Thakur

4. Rup Narayan Thakur All sons of Late Rijhnandan Thakur, R/o VillagePachnaur, P.S.- Belsand, District- Sitamarhi .... .... Petitioners

Versus

1. The State of Bihar

2. Professor Chandeshwar Prasad Rai, son of Late Lakshmeshwar Rai, resident of Ward No. 2, Dumra, P.S.- Dumra, District- Sitamarhi .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 29-08-2017 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners have filed this application for quashing order dated 15.1.2014 passed by C.J.M., Sitamarhi in Runnisaidpur P.S. Case No.36 of 2012 thereby taking cognizance of the offence under Sections 406, 420, 467, 468, 471, 465 and 379 of the Indian Penal Code.

It is submitted on behalf of the petitioners that the dispute is entirely of civil nature and it relates to the constitution of governing body of the college. The petitioners were donators in the college therefore, they were members of the governing body of the college

Patna High Court Cr.Misc. No.33663 of 2014 (5) dt.29-08-2017 2/2 and the informant Convener of the College lodged this false case after his removal.

However, having gone through the allegation levelled in the F.I.R. as well as the material collected during investigation, it is not the case that no offence is made out against the petitioners, so this application stands dismissed.

(Arun Kumar, J) N.H./- U T