Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12725 of 2012 Arising Out of Danapur P.S. Case No. -513 Year- 2001 Thana Danapur District- PATNA =========================================================== Dipak Kumar, s/o Ramesh Prasad, resident of Mohalla- Kidwaipuri, P.S.- Kotwali, District- Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Adv. Mr. Anant Kumar Pandey, Adv.

For the State : Dr. Indiwar Kumari, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-04-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 21.3.2002 passed by the Judicial Magistrate, 1st Class, Danapur, in Danapur P.S. Case No. 513 of 2001. The case of the Informant was that he was the guard of R.P.S. College, Danapur, and the accused persons named in the First Information Report had misbehaved with college students. The submission of the Petitioner is that in the entire case diary not a single girl student has supported the allegations in first prosecution and, hence, the vague rambling statement of the guard should not be the basis for further prosecution of the Petitioner. The case diary was called for to verify the aforesaid

Patna High Court Cr.Misc. No.12725 of 2012 dt.17-04-2015 2/2 statement which has been perused by the learned A.P.P. who submits that the submission of the Petitioner's Counsel is correct. In such circumstances, the application is allowed and the Proceeding including the order of cognizance dated 21.3.2002 passed by the Judicial Magistrate, 1st Class, Danapur, in Danapur P.S. Case No. 513 of 2001 is hereby set aside.

(Anjana Prakash, J) S.Ali/- U T