Patna High CourtCR. MISC./60038/2021disposed

Narayan Pandit @ Sri Narayan Pandit v. The State Of Bihar

2023-08-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60038 of 2021 Arising Out of PS. Case No.-31 Year-2017 Thana- RAUTA District- Purnia ====================================================== NARAYAN PANDIT @ SRI NARAYAN PANDIT Son of Late Anup Lal Pandit Resident of Village - Dumara, P.S.- Andharmath, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-08-2023 Heard learned counsel for the parties.

2. This application has been filed for quashing the order dated 23.01.2021 by which learned J.M., 1st Class, Purnia has taken cognizance against the petitioner in Rauta P.S. Case No. 31/2017, S.G.R. No. 1447/2017/CIS No. 1655917/2017, registered under Sections 420/406/409 of the Indian Penal Code.

3. As per prosecution case, informant in his written report alleged that in 2013 sanction of construction of 200 MT capacity of godown was given to Sisabadi Prathmik Sakh Sahyog Samiti Ltd. by the order of D.C.O. vide his letter no. 994 dated 26/12/2013. Thereafter, Chairman and Manager of PACS have withdrawn the total amount of Rs. 292883/ Rs. 344926 but the construction of godown was not completed according to amount which was withdrawn by them. It has

Patna High Court CR. MISC. No.60038 of 2021(2) dt.09-08-2023 2/2 further been alleged that in collusion of Junior Engineer of Building Construction Department, Purnea Division the government money has been defalcated on the basis of wrong measurement book. On the basis of above report, present case was instituted.

4. No ground for interference is made out.

5. This application is disposed of with liberty to the petitioner to raise all the grounds at the stage of framing of charge.

(Sandeep Kumar, J) Ranjeet/- U T