Manzur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45576 of 2015 Arising Out of PS. Case No.-163 Year-2013 Thana- NARHATT District- Nawada ====================================================== Manzur Alam Son of Md. Illias @ Mano Mian Resident of village - Narhat, P.O. P.S. Narhat, District - Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

CHOWKIDAR ARJUN RAM S/o not known R/o village- Koniwar, P.S.- Narhat, District- Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Arun For the Opposite Party/s :

Mr.Ambika Bhagat Spl.App ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-05-2023 Heard learned counsel for the parties.

This application has been filed for quashing the order dated 02.06.2014 by which learned S.D.J.M., Nawada has taken cognizance against the petitioner in Narhat P.S. Case No. 163/2013 registered under sections 341, 323, 504 and 506 of the Indian Penal Code and Section 3 (I) (x) of the S.C. & S.T. (Prevention of Atrocities) Act.

As per prosecution, one Arjun Ram (Chaukidar) given a written report stated that on 11.03.2013, he was deployed to look after the land of Khata No. 160 by the S.H.O., Narhat. Petitioner along with his body guard came there and started threatening and abusing him with fists and slaps and called him

Patna High Court CR. MISC. No.45576 of 2015(3) dt.12-05-2023 2/2 Harijan. On the basis of aforesaid report, Narhat P.S. Case No. 163/2013 was lodged against the petitioner.

It has been submitted that because the petitioner had some differences with the Circle Officer, Narhat, this false case has been filed on 29.09.2013 for an alleged occurrence which has taken place on 10.03.2013.

Learned counsel for the informant submitted that he has filed this case on the direction of the Circle Officer, Narhat. It seems that the present case is malicious prosecution, at the instance of Circle Officer, Narhat that too after a great delay.

Considering the same, this application is allowed. The order dated 02.06.2014 passed in Narhat P.S. Case No. 163/2013 is hereby quashed with respect to the petitioner.

(Sandeep Kumar, J) Ranjeet/- U T