Harishchandra Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.857 of 2013 dt.31-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.857 of 2013 Arising Out of PS.Case No. -307 Year- 2011 Thana -MAJHAULIA District- - =========================================================== Harishchandra Pandey S/O Shri Hari Kant Pandey Resident Of Village- Borwal (Bankatwa), Police Station- Bagaha, District- West Champaran At Present Panchayat Secretary, Narkatiaganj Block, District- West Champaran. .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-08-2015 The petitioner seeks quashing of the order of cognizance 06.11.2012 passed by the Chief Judicial Magistrate, West Champaran in Majhaulia P.S. Case No. 307 of 2011.

The case of the informant who was B.D.O is that the accused persons were transferred but they did not hand over charge. It has been submitted on behalf of the petitioner that all the accused persons have now handed over the charge and it was on account of no incumbent having arrived that there was a lapse. Considering such explanation, the application is allowed and the order of cognizance dated 06.11.2012 passed by the Chief Judicial Magistrate, West Champaran in Majhaulia P.S. Case No. 307 of 2011 as against all the accused persons, is hereby set aside. (Anjana Prakash, J) Prakash/- U T