Patna High CourtCR. MISC./39054/2010allowed

Devbrat Singh v. State Of Bihar And ANR

2016-02-16Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39054 of 2010 Arising out of P.S. Case No. -17 Year- 1995 Thana -SC/ST District- BHAGALPUR ======================================================== Devbrat Singh, Son of late Anandi Prasad Singh, Resident of VillageChatrnadih, P.O. Gulni Kushaha, P.S.-Shambhuganj, DistrictBanka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Prakash Narayan Paswan, Son of late Darogi Paswan, Posted as Clerk, Primary Health Centre, Shambhuganj, Distt.-Banka, R/oMohalla. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 16-02-2016 The Petitioner seeks quashing of the order of cognizance dated 28.05.2010 passed by the Chief Judicial Magistrate, Bhagalpur in SC/ST P.S. Case No. 17 of 1995. The case of the Informant is that when he was posted as a Clerk in Primary Health Centre, Shambhuganj and was also Cashier In-charge discharging his duties the accused persons came to his Office and abused him by calling caste name.

It has been submitted on behalf of the Petitioner that the present case was instituted on 09.05.1995 and it is after fifteen years that cognizance was taken in the matter. It also appears that final form was submitted after due investigation.

Patna High Court Cr.Misc. No.39054 of 2010 dt.16-02-2016 On the other hand, the Counsel for the Informant submits that since the Petitioner had abused him he should be put on trial.

Having considered that an independent agency looked into the private dispute between two parties and opined that the allegation was not true, I would be inclined to hold that the trial on unilateral and oral allegations would be a nullity and an abuse of the process of the Court. Hence, the entire proceeding as against all the accused persons including the order of cognizance dated 28.05.2010 passed by the Chief Judicial Magistrate, Bhagalpur in SC/ST P.S. Case No. 17 of 1995 is, hereby, set aside.

The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T