Sanjiv Kumar Nirala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21585 of 2014 Arising Out of PS.Case No. -755 Year- 2004 Thana -GARDANIBAGH District- PATNA ===========================================================
1. Sanjiv Kumar Nirala son of Arjun Chaudhary Resident of village - Govindpur, Dih, P.O. and P.S. Govindpur, Distt. - Nawada .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Pandey, Adv For the Opposite Party/s : Mr. Pradip Nr. Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date: 05-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 01.04.2005, passed by the court of C.J.M. Patna in Gardanibagh P.S. Case No. 755 of 2004, by which cognizance has been taken against the petitioner under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.
A written report was lodged by the informant B.K. Mallick on 04.10.2004 before the Officer-in-Charge of Gardanibagh Police Station, Patna, stating therein that some candidates including the petitioner of P.E. Group of Diploma Certificate Entrance
Patna High Court Cr.Misc. No.21585 of 2014 dt.05-07-2017 2/2 Competitive Examination were found guilty of impersonation in the examination and as such they have been made accused in G.B.H. P.S. Case No. 755 of 2004.
After investigation police submitted chargesheet against the petitioner and others under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. On the basis of police paper and materials available in the case diary, the learned court below has taken cognizance of the offence punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code and issued summons against the petitioner for his appearance against which petitioner has filed this petition under Section 482 of the Cr.P.C for quashing the FIR. After hearing the parties and going through the order passed by the learned court below, I do not find any illegality or infirmity in the same. As such the present petition filed under Section 482 of the Cr.P.C is, hereby, dismissed.
(S. Kumar, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 10.07.17 Transmission Date 10.07.17