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Patna High CourtCR. MISC./42596/2012dismissed

Subhas Prasad v. The State Of Bihar

2015-04-16The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42596 of 2012 ======================================================

1. Subhas Prasad S/O Shri Maheshwari Prasad R/O Village & P.O.- Raghunathpur, P.S.- Sahebpur Kamal, Distt.- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Shri Suresh Chand Giri, Adv. For the Opposite Party/s : Smt.Sharda Kumari (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 16-04-2015 A complaint was submitted by the Block Education Extension Officer, Sahebganj on 8.4.2010 alleging that the petitioner resorted to impersonation in course of procuring employment. An F.I.R. was registered in this behalf being S. Kamal P.S. Case No.75 of 2010 and the Chief Judicial Magistrate, Begusarai took cognizance of the same on 3.3.2011.

This petition under Section-482 of Cr.P.C. is filed with a prayer to quash the said order.

Heard Shri Suresh Chand Giri, learned counsel for the petitioner, and learned A.P.P. for the State.

The allegation against the petitioner is that he resorted to acts of impersonation. The truth or otherwise of the allegation needs to be considered in the trial of the

Patna High Court Cr.Misc. No.42596 of 2012 (2) dt.16-04-2015 2/2 matter. This is not a case where, even if the contents of the complaint and F.I.R. are taken as true, no crime can be said to have been made out. This Court is not inclined to interfere with the order passed by the trial court taking cognizance.

The petition is, accordingly, dismissed.

(L. Narasimha Reddy,CJ) K.C.jha/- U T