Patna High CourtCR. MISC./32590/2010allowed

Anil Kumar Sinha @ Anil Singh v. State Of Bihar And ANR

2016-02-01Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32590 of 2010 Arising out of P.S. Case No. -2291C Year- 2009 Thana - Complaint Case District- BEGUSARAI ======================================================== Anil Kumar Sinha @ Anil Singh, Son of Sri Shyamdeo Singh, O/c Barauni Police Station, District-Begusarai permanent resident of Village-Satpura, P.O. Barakorium, P.S.+Distt.-Arwal (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjay Kumar Rai, Son of Sri Fulena Rai, Resident of VillagePapraur, P.S.-Barauni, Distt.-Begusarai (Bihar). .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s: Mr. Yogendra Kumar Singh, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 01-02-2016 The Petitioner seeks quashing of the order of cognizance dated 28.01.2010 passed by the Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 2291(C) of 2009.

The case of the Complainant is that he used to supply truck in different state for carriage of goods and had also done so for the accused but they did not pay transportation charge and instead abused him as also stole diesel oil from two trucks.

It has been submitted on behalf of the Petitioner that fact of the matter is that the Complainant was proceeded against by the authorities concerned for irregularities which is evident from Anenxure-3 i.e. Barauni P.S. Case No. 260 of

Patna High Court Cr.Misc. No.32590 of 2010 dt.01-02-2016 2009 and in retaliation the present Complaint has been filed. Considering the contents of Annexure-3, the entire proceeding as against all the accused persons including the order of cognizance dated 28.01.2010 passed by the Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 2291(C) of 2009 is, hereby, set aside.

The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T