Sulakshana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39708 of 2014 Arising out of P.S. Case No. -12 Year- 2010 Thana -NARHAT District- NAWADA ======================================================== Sulakshana Kumari Daughter of Ramashish Prasad Resident of Village -Karma Purthar, P.S.- Narhat, District -Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Deo Raj, Adv. For the Opposite Party/s : Mr. R.B. Roy "Raman" APP. ======================================================= CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 12-03-2015 The Petitioner seeks quashing of the order of non-discharge dated 20.02.2013 passed by the Judicial Magistrate, 1st Class, Nawada in Narhat P.S. Case No. 12 of 2010 (G.R. No. 247 of 2010, Tr. No. 2057 of 2013). The case of the Informant is that the Petitioner had drawn salary for Anganwari Sevika even if she was Panchayat Teacher.

The submission of the Petitioner is that she has received the money on misconception and later on realizing her mistake returned the money this fact has been mentioned in the case diary.

The case diary was called for to verify this fact and the submission of the Petitioner appears to be correct.

In view of such, the entire proceeding as

Patna High Court Cr.Misc. No.39708 of 2014 dt.12-03-2015 against the Petitioner including the order of nondischarge dated 20.02.2013 passed by the Judicial Magistrate, 1st Class, Nawada in Narhat P.S. Case No. 12 of 2010 (G.R. No. 247 of 2010, Tr. No. 2057 of 2013) is, hereby, set aside.

The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T