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Patna High CourtCR. WJC/122/2017allowed

Kedar Nath Fatehpuria Through His Duly Constituted Attorney Devashish Kar v. The State Of Bihar Through Principal Secretary, Panchayati Raj Department, Govt. Of Bihar, Patna An

2023-05-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.122 of 2017 Arising Out of PS. Case No.-1 Year-2006 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== Kedar Nath Fatehpuria Through His Duly Constituted Attorney Devashish Kar ... ... Petitioner/s

Versus

1. The State Of Bihar Through Principal Secretary, Panchayati Raj Department, Govt. Of Bihar, Patna

2. Deputy Development Commissioner-cum-Chief Executive Officer, District Board, Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Dhirendra Pratap Singh, Advocate For the Respondent/s :

Mr.Ram Balak Mahto, APP For Zila Parisad :

Mr. Dr. Anand Kumar, Advocate Mr. Rajan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing of order dated 15.04.2006 passed by learned Chief Judicial Magistrate, Sasaram in Official Complaint Case No. 01 of 2006 by which learned Magistrate has taken cognizance for the offences under Sections 138 and 141 of the N.I. Act.

Pursuant to the last order dated 20.04.2023, learned counsel for the petitioner has handed over a Demand Draft of Rs. 16, 32, 000/- (Rupees Sixteen Lakhs Thirty Two Thousand) to opposite party no. 2 and the same has been accepted by learned counsel for the opposite party no. 2.

Patna High Court CR. WJC No.122 of 2017(11) dt.12-05-2023 2/2 In view of the above, this application is allowed and the impugned order dated 15.04.2006 passed by learned Chief Judicial Magistrate, Sasaram in Official Complaint Case No. 01 of 2006 is hereby quashed in the interest of justice. (Sandeep Kumar, J) Harsh/ U T