Anil Kumar v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 14077 of 2011 Arising out of P.S. Case No. -644 Year- 2009 Thana - Complaint Case District- GAYA ======================================================== Anil Kumar Son of Sri Mahesh Sharma Resident of Sanjay Gandhi Nagar Road No.- 2, P.S.- Patrakar Nagar, District- Patna At Present Posted as Sr. Dy Collector at Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mangal Chander Prasad S/o Ram Das Sao Resident of VillagePachhati, P.S.- Boadgaya, District- Gaya. .... .... Opposite Party/s ======================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Singh, Adv. For the Opposite Party/s: Mr. APP.
======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 27-06-2016 The Petitioner seeks quashing of the order of cognizance dated 06.01.2010 passed by the Judicial Magistrate, 1st Class, Gaya in Complaint Case No. 644 of 2008.
The case of the Complainant is that on the date of occurrence the Accused got demolished his boundary wall and when he objected he was beaten.
It has been submitted on behalf of the Petitioner that he was the BDO and had taken legal steps against the land grabbers including the present Complainant and the present Complaint has been filed only so that they would remain safe.
On the other hand, Counsel for the Complainant
Patna High Court Cr.Misc. No.14077 of 2011 dt.27-06-2016 submits that since the Petitioner had abused and assaulted him he should be put on trial.
Having considered the background facts of the case, the entire proceeding as against all the accused persons including the order of cognizance dated 06.01.2010 passed by the Judicial Magistrate, 1st Class, Gaya in Complaint Case No. 644 of 2008 is, hereby, set aside.
The application stands allowed.
Vikash/- (Anjana Prakash, J.) AFR/NAFR NAFR CAV DATE X Uploading Date 05.07.2016 Transmission Date 05.07.2016