Rajiv Kumar Sinha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33314 of 2012 Arising Out of PS.Case No. -935 Year- 2010 Thana -null District- MUNGER ===========================================================
1. Rajiv Kumar Sinha S/O Late T.N. Sinha, Registrar Bhagalpur University Of Mohalla, Bosepark, Bhagalpur, P.S.- Adampur, Distt.- Bhagalpur, At Present Posted Co-Coordinator College Development Council (C.C.D.C.) T.M.B.U. Bhagalpur .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Dr. Kumkum Singh W/O Sri Braj Nandan Singh, Resident Of Mohalla- Bara Bazar, Under Kotwali, Munger, At Present Posted As Principal, M.A.M. College, Naugachia, Bhagalpur .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the State : Mr. R.B. Roy Raman, APP For Opposite Party No.2 : Mr. Bikram Singh, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 13-07-2015 The Petitioner seeks quashing of the order of cognizance dated 5.9.2011 passed by the S.D.J.M., Munger in Complaint case No.935C of 2010.
The case of the Complainant is that on the date of occurrence while she was in her residence, derogatory news appeared in the newspaper with regard to her credentials. She alleged that the accused persons had conspired with each other to defame and malign her. She thereafter in the Complaint Petition has given the details of her own certificates to show that the news item was false. It has been submitted on behalf of the Petitioner that he
Patna High Court Cr.Misc. No.33314 of 2012 dt.13-07-2015 2/2 was the Registrar of the University and he had absolutely no indication that such news had been published in the newspaper. Even if it was false there was no reason for the Complainant for filing the Complaint against the accused persons with speculative charges. The Counsel for the Complainant submits that since the Petitioner had maligned her, he should be put on trial. Having gone through the records and the contents of the newspaper and vague nature of allegations, the application is allowed and the entire proceedings against all the accused persons including the order of cognizance dated 5.9.2011 passed by the S.D.J.M., Munger in Complaint case No.935C of 2010 is hereby set aside. (Anjana Prakash, J) Narendra/- U T