Rajeshwar Prasad Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.35460 of 2011 dt.03-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35460 of 2011 Arising out of P.S. Case No. -CII-5 Year- 1991 Thana -Complaint District- KATIHAR ======================================================== Rajeshwar Prasad Singh Son of Late Ram Japan Singh Resident of-Jangli Prasad Lane Police Station-Patna City District-Patna..... .... Petitioner/s

Versus

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

For the Petitioner/s : None.

For the Opposite Party/s: Mrs. Madhuri Lata, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-02-2015 No one appears on behalf of the Petitioner which was repeated dismissed for non-appearance.

The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 07.01.1991 passed by the Judicial Magistrate, 1st Class, Katihar in Complaint Case No. CII- 5 of 1991.

The allegation in the Complaint Petition is that the Petitioner who was the Junior Engineer had managed the lineman to disconnect the electric supply of the Complainant on plea of him misusing the electricity connection.

From the facts of the Complaint itself, it would appear that the present Complaint is malicious in nature and deserves to be set aside.

Hence, the application is allowed and the entire proceeding as against all the accused persons including the order of cognizance dated 07.01.1991 passed by the Judicial Magistrate, 1st Class, Katihar in Complaint Case No. CII- 5 of 1991 is, hereby, set aside. The Application stands allowed.

(Anjana Prakash, J) Vikash/- U T