Deen Bandhu Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11564 of 2021 Arising Out of PS. Case No.-63 Year-2016 Thana- RUPASPUR District- Patna ====================================================== DEEN BANDHU JHA Son of Kare Lal Jha Resident of House No. F - 209, Street No.11, Khajoori Khas, Gokalpuri, P.S.- Khajoori Khas, District - North East Delhi, Delhi - 110094 ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Ram Bhushan Chaudhary Son of Late Dev Narayan Chaudhary Resident of Village - Shripur, P.S.- Kishanpur, District - Supaul, Bihar, Present address - R.P.S. Residential School, P.S.- Rupaspur, District - Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2023 This is an application for quashing the order taking cognizance dated 18.07.2016 passed by learned Additional Chief Judicial Magistrate-II Danapur in Trial No. 158/2016 arising out of Rupaspur P.S. Case No. 63/2016 by which under Section 379 the cognizance was taken against the petitioner. As per the prosecution case, the petitioner fled from the examination centre at 04:15PM retaining the OMR answer booklet after conclusion of the examination. Learned APP for the State Mr. Jharkhandi Upadhyay has gone through the Case Diary of the case. No material has come in the case diary to connect the petitioner with any crime.
Patna High Court CR. MISC. No.11564 of 2021(6) dt.07-08-2023 2/2 From reading of the F.I.R., it appears that no offence is made out against the petitioner except the suspicion. In these circumstances, this application is allowed and the dated 18.07.2016 passed by learned Additional Chief Judicial Magistrate-II Danapur in Trial No. 158/2016 arising out of Rupaspur P.S. Case No. 63/2016 is hereby quashed. Let a copy of this order be communicated to the District Judge- Patna through FAX for its compliance forthwith. (Sandeep Kumar, J) Shishir/- U T