Patna High CourtCR. MISC./25193/2024allowed

Vikki Kumar v. The State Of Bihar

2024-09-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25193 of 2024 Arising Out of PS. Case No.-195 Year-2023 Thana- SUPPI District- Sitamarhi ====================================================== Vikki Kumar S/o- Devnandan Sao Village- Faijabad Barbigha PS- Barbigha Dist-Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Prasad For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. This application has been filed for setting aside of the part order dated 08-11-2023 passed by the court of Exclusive Special Excise court-1, Sitamarhi in Suppi P.S. Case No. 195/2023 whereby and whereunder the cost of Rupees Two Thousand has been imposed upon the petitioner as concerned Investigating Officer (IO) of Suppi P.S. Case No. 195/2023 for failure on his part in providing correct details before the court. The S.P., Sitamarhi shall deduct the cost from the salary of the I.O. as petitioner who was I.O. of the case and direction may be given to return the said amount to the petitioner.

3. Learned counsel for the petitioner submits that Rupees Two Thousand has to be deducted from the salary of the

Patna High Court CR. MISC. No.25193 of 2024(2) dt.12-09-2024 2/2 petitioner for his failure in providing correct details before the Court of the Special Judge. Learned counsel for the petitioner further submits that on the date the chargesheet was filed, the petitioner did not have the knowledge that the accused was having one antecedent. As soon as, the petitioner came to know about the antecedent, he informed the Special Judge.

4. Considering the aforesaid facts and in the interest of justice, this application is allowed.

5. The impugned order dated 08.11.2023 by which it has been directed that Rupees Two Thousand shall be deducted from the salary of the petitioner is hereby quashed. (Sandeep Kumar, J) Saif/- U T