Mithilesh Kumar Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.697 of 2018 Arising Out of PS. Case No.-256 Year-2013 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

Mithilesh Kumar Singh, Electrical Executive Engineer, Electric Supply Division, Siwan at Present posted as Electrical Executive Engineer (Project), Electric Supply Division, Madhepura (Bihar).

2.

Mukesh Kumar Sharma, Son of Sri Balban Sharma, the then S.D.O. Cum Assistant Electrical Engineer, Electric Supply Sub-Division, Siwan Urban North Bihar Power Distribution Company Ltd. Deptt. Electric Supply Division, Siwan Urban at present posted as Assistant Electrical Engineer, Electric Supply Sub Division, Samastipur, Urban. ... ... Petitioner/s

Versus

1.

State of Bihar 2.

Vijay Kumar Singh, son of Sri Panchanand Singh Goshala Road Pakri More, P.S. Mahadeva O.P. Muffasil, Siwan, District - Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kirti Singh Mr. Vijay Kr. Verma Mr. Akhileshwar Singh For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 29-04-2019 Heard learned counsel for the parties.

Petitioners, by means of this application under section 482 of the Code of Criminal Procedure, have invoked the inherent jurisdiction of this Court with prayer to quash the order dated 17.02.2016, passed by the learned

Patna High Court CR. MISC. No.697 of 2018 dt.29-04-2019 2/3 Chief Judicial Magistrate, Siwan in Mufassil (Mahadeva) P.S. Case No. 256 of 2013, whereby cognizance has been taken against the petitioners for the offences under sections 341, 323, 504 and 506/34 of the Indian Penal Code. The contention of learned counsel for the petitioners is that petitioners are the Government servants. No offence against the petitioners is disclosed and the present prosecution has been instituted with mala fide intention for the purposes of harassment. Both the petitioners are government servants. Submission of learned counsel for the petitioners is that earlier a case was also lodged by the petitioner no.

2 against the brother of the present informant for the offence under section 135 of the Electricity Act and in retaliation to the same, the present false case has been filed with an ulterior motive. It is further submitted that in view of section 197 of the Code of Criminal Procedure, prior sanction of the Government is necessary for taking cognizance against a Government Servant, however, in the present case, without any sanction, cognizance has been taken against the petitioners.

From perusal of the materials on record and looking into the facts of the case, the arguments

Patna High Court CR. MISC. No.697 of 2018 dt.29-04-2019 3/3 made by the learned counsel for the petitioners has force. Prior sanction of the Government is necessary before taking cognizance. As such, the order taking cognizance is not tenable in law. The same is, hereby, quashed. The application, accordingly, stands allowed. (Arvind Srivastava, J) shailendra/- AFR/NAFR NA CAV DATE NA Uploading Date 17.06.2019 Transmission Date 17.06.2019