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Patna High CourtCR. MISC./5627/2011allowed

Naresh Jha v. The State Of Bihar And ANR

2016-05-02Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5627 of 2011 Arising Out of C.A. No. 2983(C) of 2008 District- ARRARIA =========================================================== Naresh Jha, son of Sri Ganga Prasad Jha, resident of Vidyapuri, P.S. Patrakar Nagar, Kankarbagh, Distt. Patna, Block Development Officer, Bhargama, Distt. Araria, at present S.D.O, Benipur, P.S. Bahera, Distt. Darbhanga. .... .... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Manjula Devi Wife of Sri Debku Rishi Dev, resident of village Raghunathpur, South Ward No. 09, P.S. Bhargama, Distt. Araria.

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

For the Petitioner/s : Mr. Amit Upadhyay, Adv. Mr. Tuhin Shankar, Adv.

For the State : Mr. Sunil Kr. Pandey, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 02-05-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 17.9.2009 passed by the Judicial Magistrate, 1st Class, Araria, in Complaint Case No. 2983C of 2008. The case of the Complainant is that she went to the Block office for getting flood relief and sat next to the Block Development Officer, Bhargama, so he abused her and, therefore, she instituted the present Complaint.

It has been submitted that in fact the Petitioner was holding a flood relief related meeting with Director D.R.D.A, Araria and the Complainant expected that he give her undue favours to which

Patna High Court Cr.Misc. No.5627 of 2011 dt.02-05-2016 2/2 the Petitioner did not oblige. It is for this reason that the present absurd Complaint has been filed.

Having considered the aforesaid, the application is allowed and the Proceeding including the order of cognizance dated 17.9.2009 passed by the Judicial Magistrate, 1st Class, Araria, in Complaint Case No. 2983C of 2008, is hereby, set aside. (Anjana Prakash, J) S.Ali/-