Alok Kumar Singh @ Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 42010 of 2012 Arising out of P.S. Case No. -191 Year- 2011 Thana -Budha Colony District- PATNA ======================================================== Alok Kumar Singh @ Alok Kumar S/o Late Vijay Kumar Permeshwar R/o Mohalla - 60/Ac/391 Pandui Kothi, Shubhjeet Path Boring Road, P.S. Buddha Colony, Distt. - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Prabhat Kumar, S/o Late Suryadeo Singh, Sudha Sadan, Gandhi Murti ke Paschim, Dujara, P.S.-Budha Colony, Patna, Town and Distt.-Patna.
.... .... Opposite Party/s ======================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Nath Tiwary, Adv. For the Opposite Party/s: Mr. APP.
======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 19-01-2016 The Petitioner seeks quashing of the order of cognizance dated 27.07.2012 passed by the Chief Judicial Magistrate, Patna in Budha Colony P.S. Case No. 191 of 2011 (G.R. No. 5947 of 2011).
The case of the Informant is that the Petitioner used to execute construction at his institution and had failed to give him account of a certain amount of money.
It has been submitted that even accepting the allegations in the First Information Report no criminal offence would be made out and at best it is a question of reconciliation of accounts.
On the last occasion, notices had been issued to the Opposite Party No. 2 but he has chosen not to appear before this Court.
Having considered the facts of case, the entire
Patna High Court Cr.Misc. No.42010 of 2012 dt.19-01-2016 proceeding as against the Petitioner including the order of cognizance dated 27.07.2012 passed by the Chief Judicial Magistrate, Patna in Budha Colony P.S. Case No. 191 of 2011 (G.R. No. 5947 of 2011) is, hereby, set aside without prejudice to the right of the parties.
The Application stands allowed.
Vikash/- (Anjana Prakash, J.) U T