Patna High CourtCR. MISC./9925/2015allowed

Mukund Madhav @ Mukund v. State Of Bihar And ANR

2019-09-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9925 of 2015 Arising Out of PS. Case No.-188 Year-2010 Thana- KHAJANCHI HAT District- Purnia ====================================================== Mukund Madhav @ Mukund son of Kapildeo Narayan, resident of VillageMadhubani, P.S.- K. Hat, District- Purnea. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Salita Devi wife of Pankaj Paswan, resident of Village- Gadhia Balua, P.S.- K. Nagar, District- Purnea.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. B.N.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner. No one appears on behalf of opposite party No.2, the informant of the case, though Vakalatnama has been filed.

The petitioner and two other accused persons, namely, Aditya Narayan and Mithilesh Kumar are named accused in connection with K.Hat Police Station Case No.188 of 2010. The allegation of cheating to the informant and others is there against all the named accused persons.

Both the aforesaid accused persons i.e. Aditya Narayan and Mithilesh Kumar challenged the order of cognizance passed in the aforesaid Police Case in Criminal Miscellaneous No.32231 of 2010 and the cognizance order was quashed by a co-ordinate Bench of this Court, vide order dated

Patna High Court CR. MISC. No.9925 of 2015(5) dt.13-09-2019 2/2 16.09.2013, considering the bona fide of the accused persons, as they were members of the N.G.O., which was duly registered and the accused persons were acting as per the rules and regulations of the N.G.O.

Allegation against the petitioner stands on similar footing.

Considering the circumstances of this case aforesaid, the impugned order of cognizance as well as entire criminal proceeding against the petitioner stand, hereby, quashed and this application is allowed.

(Birendra Kumar, J) abhishek/- U T