Narayan Sultania @ Narayan Prasad Sultania v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3153 of 2011 Arising Out of PS.Case No. -152 Year- 2007 Thana -null District- BEGUSARAI ===========================================================

1. Narayan Sultania @ Narayan Prasad Sultania S/O Late Purushottam Lal Sultania, R/O Mohalla- Marwari Tola, P.S Begusarai Town , Distt- Begusarai. ... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-03-2015 The petitioner seeks quashing of the order of cognizance dated 31.03.2010 passed by the Sub Divisional Judicial Magistrate, Begusarai in Town P.S. Case No. 152 of 2007 on the ground that from latest development in the case it appears that the case was filed inadvertently.

The allegation in the first information report is that the informant received an information that at Jai Mata Dee Highway Auto Service Centre of Petrol Pump, Hindustan Petroleum, Begusari diesel was unloaded from the tank lorry but driver had failed to produce any document in its regard. Later on, an enquiry was conducted by the H.P.C.L authorities who were of the opinion that there was no illegality in such an act which fact is noted in the case-diary. In the aforesaid reason, the application is allowed. The

Patna High Court Cr.Misc. No.3153 of 2011 dt.31-03-2015 2/2 order of cognizance dated 31.03.2010 passed by the Sub Divisional Judicial Magistrate, Begusarai in Town P.S. Case No. 152 of 2007 is hereby quashed.

(Anjana Prakash, J) Prakash/- U T