Patna High CourtCR. MISC./43693/2019withdrawn

Paramhans Ojha v. The State Of Bihar

2019-08-26Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43693 of 2019 Arising Out of PS. Case No.-53 Year-2012 Thana- BUXAR MUFFSIL District- Buxar ====================================================== PARAMHANS OJHA Son of Vishwanath Ojha Ex - Secretary of Aadarsh Sanskrit High School, Chunni, P.S.- Chausa, Distt - Buxar resident of VillageSukarwalia P.S.- Itarhi, Dist. Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bikram Deo Singh, Advocate Mr. Sada Nand Roy, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-08-2019 The petitioner seeks quashing of the order dated 03.04.2013 passed by the learned Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No. 53 of 2012 whereby cognizance has been taken under Section 406 of the Indian Penal Code. Mr. Bikram Deo Singh, learned counsel for the petitioner submits that the FIR has been lodged at the instance of the State Commission for information, which he was not authorized to direct for.

This Court looks at the FIR in a different perspective. The allegation against the petitioner is of not handing over the documents which were in his possession while he acted in the capacity of PIO of the college.

Patna High Court CR. MISC. No.43693 of 2019(2) dt.26-08-2019 2/2 Learned counsel for the petitioner also does not have any explanation with respect to approaching this Court after six years of the taking of cognizance. What has happened in the meanwhile is not known to the learned counsel for the petitioner.

Under the aforesaid circumstances and on being questioned by the Court, learned counsel for the petitioner, considering it more expedient, seeks permission to withdraw this petition in order to enable the petitioner to approach the court below, if so advised, for discharge.

Once such a petition is filed, the court below shall take into account all the facts and circumstances and shall pass a reasoned order in accordance with law without being prejudiced by the fact that the present petition has not been entertained.

The petition stands dismissed as withdrawn with the liberty aforesaid.

(Ashutosh Kumar, J) krishna/- U T