Gita Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31537 of 2010 Arising Out of PS.Case No. -0 Year- null Thana -null District- SEKHPURA =========================================================== Gita Prasad Singh .... .... Petitioner/s

Versus

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: 31-08-2015 The petitioner seeks quashing of the order of none discharge dated 14.07.2009 passed by the Additional Judicial Magistrate, Sheikhpura in Barbigha P.S. Case No. 02 of 2008. The case of the informant is that the petitioner had committed irregularity in appointment process of Panchayat Teacher and hence the present first information report has been instituted. It has been submitted on behalf of the petitioner that he was not in the selection committee and was merely counselor and hence he should be exonerated from prosecution.

I find from the petition filed herein that an appeal has been filed against the irregularity having been committed before the tribunal specially for redressal of such grievance.

Having gone through the facts of the case, I find that the present

Patna High Court Cr.Misc. No.31537 of 2010 dt.31-08-2015 2/2 prosecution deserves to be set aside. Hence the application is allowed and the order of none discharge dated 25.06.2010 passed by the Additional Judicial Magistrate, Sheikhpura in Barbigha P.S. Case No. 02 of 2008 against all the accused persons are hereby set aside. (Anjana Prakash, J) Prakash/- U T