Chandra Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13976 of 2012 Arising Out of PS.Case No. -72 Year- 2011 Thana -null District- BHABHUA (KAIMUR) ===========================================================

1. Chandra Bhushan Singh S/O Rampati Singh Resident Of Village- Shivrampur, P.S.- Chand, Distt.- Kaimur (Bhabua) .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner : Mr. Vivek Kumar Singh, Adv. For the State : Mr. Sunil Kumar Pandey, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 16-01-2018 Heard learned counsel for the petitioner and the State. This petition has been filed for quashing the order dated 21-01-2012 passed by learned Chief Judicial Magistrate, Kaimur at Bhabua in G.R. Case No. 1656 of 2011 arising out of Chand P.S. Case No. 72 of 2011 whereunder and whereby, the learned Magistrate has taken cognizance against the petitioner for offence under Sections417, 420, 406, 353 of the Indian Penal Code. The informant (Block Development Officer, Chand) has filed written report leveling allegation against this petitioner that he used to work as middleman in distribution of Indira Awas Yojana and he caused obstruction in discharginge of official duty to Mukhiya of the Panchayat. The Photography and vedeography of the aforesaid allegation has also been done.

Patna High Court Cr.Misc. No.13976 of 2012 dt.16-01-2018 2/3 The FIR has been lodged on the basis of petition filed by the Mukhiya of the Panchayat before the Block Development Officer. The police has after investigation found the allegation true against the petitioner and the charge sheet has been submitted under Sections-417, 420, 406, 353 of the Indian Penal Code.

The court below on the basis of charge sheet submitted by the police has taken cognizance under Sections-417, 420, 406, 353 of the Indian Penal Code.

The Case diary has been received.

Learned APP has submitted that witnesses in different paragraphs of the case diary have supported the allegation against this petitioner, who misbehaved with the Mukhiya of the Panchayat and caused obstruction in the work.

The court below is only required to see prima facie case at the time of taking cognizance.

Therefore, this court does not find any illegality in the order dated 21-01-2012 passed in G.R. Case No. 1656 of 2011 arising out of Chand P.S. Case No. 72 of 2011 Accordingly, this Cr. Misc. application stands dismissed. The petitioner is at liberty to raise all the points as raised in this petition at the time of framing of charge, which shall be considered by the learned court below in accordance with law without

Patna High Court Cr.Misc. No.13976 of 2012 dt.16-01-2018 3/3 being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- ,AFR/NAFR NAFR CAV DATE NA Uploading Date 23-01-2018 Transmission Date 23-01-2018