Patna High CourtCR. MISC./44507/2009allowed

Anita Devi And ANR v. State Of Bihar

2015-08-31Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44507 of 2009 Arising Out of Complaint Case No. 2220C of 2007 District- ARRARIA ===========================================================

1. Anita Devi W/O Narayan Goswami

2. Narayan Goswami S/O Late Umacharan Goswami Both R/O Vill Raghopur(Goswami Tola), P.S.Raniganj,Distt-Araria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Anapurna Devi W/O Akhilesh Goswami R/O Vill Raghopur(Goswami Tola), P.S.Raniganj,Distt-Araria .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : None.

For the State : Mr. Shailendra Kumar II, A.P.P. For the Opposite Party No. 2 : None.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-08-2015 No one appears on behalf of the Parties.

The Petitioners seek quashing of the order dated 21.8.2009 passed by the District and Sessions Judge, Purnea, in Criminal Revision No. 77 of 2009 by which he has affirmed the order of cognizance dated 20.12.2008 passed by the Judicial Magistrate, 1st Class, Araria, in Complaint Case No. 2220C of 2007. The case of the Complainant is that she had applied for the post of Angan Bari Sevika and she was found eligible for appointment. However, the accused persons negated her claims and started demanding illegal gratification and, hence, the present

Patna High Court Cr.Misc. No.44507 of 2009 dt.31-08-2015 2/2 Complaint.

It has been submitted on behalf of the Petitioners that if, at all, the Complainant was aggrieved for having been left out, despite her merit she should agitate the grievance before the Tribunal, specially constituted, for redressal of such grievances. In my view, the present Complaint is unwarranted since I am unable to satisfy myself that in the facts of the case, any Criminal offence is made out.

Hence, the application is allowed and the Proceeding including the order dated 21.8.2009 passed by the District and Sessions Judge, Purnea, in Criminal Revision No. 77 of 2009 as also the order of cognizance dated 20.12.2008 passed by the Judicial Magistrate, 1st Class, Araria, in Complaint Case No. 2220C of 2007, are hereby set aside.

(Anjana Prakash, J) S.Ali/- U T