Dr. Uday Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58188 of 2015 Arising Out of PS. Case No.-4 Year-2013 Thana- AZIMABAD District- Bhojpur ====================================================== Dr. Uday Kumar S/o Late Ramanand Prasad, Resident of Mohalla- Hanuman Nagar, P.S.- Patrakar Nagar, Quarter No. 14/494, District- Patna. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Dr. Harishchandra Choudhary, Incharge Medical Officer Primary Health Centre Agiaon, District- Bhojp ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-03-2023 On call, no one appears on behalf of the petitioner although learned APP for the State is present. The application has been filed for quashing the order dated 21.07.2015 passed by Judicial Magistrate, 1st Class, Ara, District Bhojpur by which the learned Court below took cognizance under Sections 409, 419, 420, 467, 468, 469 and 511 of the Indian Penal Code in connection with Ajimabad P.S. Case No. 04 of 2013.

As per the allegation, the petitioner submitted a salary bill of Rs. 7, 17, 353/- before the Treasury Officer, Bhojpur , Ara for the period he was not In-charge Medical Officer. Thus, it has further been alleged by the informant who

Patna High Court CR. MISC. No.58188 of 2015(2) dt.24-03-2023 2/2 at that particular time was the In-charge Medical Officer of Primary Health Centre, Azimabad, Bhojpur, that he used forged bills and signatures of the concerned clerk to submit the said bill. Further, timely detection by the office resulted into non-payment of the said amount. Accordingly, the FIR. Considering the kind of allegation that has come against the petitioner, learned Judicial Magistrate, 1st Class, Ara at Bhojpur has rightly taken cognizance in the matter having prima facie satisfied.

No case of interference is required.

Accordingly, the application stands dismissed. (Rajiv Roy, J) Jagdish/NehaU T