Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 10932 of 2021 Arising Out of PS. Case No.-195 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== AMRESH KUMAR Son of Ganaruri Prasad @ Ganauri Mahto Resident of Village- Masurchak, P.O.- Surangapur, P.S.- Jehanabad (Kalpa), DistrictJehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sarvesh Kumar Singh Son of Sri Chandrika Singh Resident of VillageChilkipure, P.O. Mae- Farida, District- Nalanda at present Deputy Superintendent of Police, Vigilance Investigation Bureau, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Rakesh Kumar, Advocate For the Opposite Party/s :

Ms Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 28-04-2022 Heard learned counsel for the parties.

Petitioner seeks quashing of the order dated 07.12.2019 whereby the Court of learned Sub Divisional Judicial Magistrate has taken cognizance of the offence under Sections 420, 467, 468, 471, 120B of Indian Penal Code against the petitioner in Makhdumpur Police Station Case No 195 of 2019, Trial No 3067 of 2019.

The learned counsel for the petitioner submits that he has not created any forged document and in fact, he has become the victim of circumstance. Having worked for more than two years, he has himself resigned and for the period he discharged

Patna High Court CR. MISC. No.10932 of 2021(2) dt.28-04-2022 2/2 duties, he had not taken any monetary benefit from the Government.

Under such circumstances, it is submitted that the petitioner is unnecessary suffering the rigours of criminal prosecution.

Learned counsel for the petitioner, being faced with the limited scope of jurisdiction of this Court under Section 482 of Criminal Procedure Code for quashing of order taking cognizance, submits that he would be raising the issue at its appropriate stage.

In view of such submission, with liberty as aforesaid, matter is disposed of.

(Madhuresh Prasad, J) M.E.H./- U