Rajendra Mahra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18879 of 2014 Arising Out of PS.Case No. -13 Year- 2013 Thana -KHAJAULI District- MADHUBANI =========================================================== Rajendra Mahra Son of Late Kamal Mehra Resident of Village - Aurahi, P.S.- Babubarhi, District -Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ankit Katriar, Advocate Mr. Ratnakar Jha, Advocate For the State :

Mr. Ajay Kumar No.1, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 16-08-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State.

2. The petitioner has filed this application under Section 482 Cr.P.C., 1973 seeking for setting aside order dated 05.07.2013, passed by learned Chief Judicial Magistrate, Madhubani in Khajauli P.S. Case No.13 of 2013 where he has taken cognizance of the offence under Sections 409 and 420 of the Indian Penal Code.

3. The allegation, as stated in the First Information Report, is that the Chairman of the Vidyalaya Shiksha Samiti, Utkramit Madhya Vidyalaya, Marukia by lodging the present First Information Report has stated that at 11.30 A.M. on 21.02.2013, petitioner Rajendra Mahra, the Headmaster of the said school, along with cook Nirmala Devi was taking away one bag of rice on the bicycle from the premises of the school. People followed him and he had taken the rice bag to his house

Patna High Court Cr.Misc. No.18879 of 2014 dt.16-08-2017 2 / 2 thereafter changed it at his house and was going to sell it in the market and 30 Kgs. of rice kept in the plastic bag was recovered from his possession.

4. Learned counsel for the petitioner submits that the allegation is unfounded, departmental proceeding was initiated, enquiry was conducted by the department and in the said enquiry, petitioner was exonerated from the charges. It is also submitted that there are some contradictory statements of the witnesses at the investigation stage and the petitioner has been sufficiently punished as he has remained in custody during investigation period for a period of 11⁄2 month.

5. Having considered rival submissions and gone through the materials on record, the Court finds that during investigation police has collected evidence in support of the allegation and submitted chargesheet too. The grounds taken by the petitioner for quashing the entire criminal proceeding is not to be taken consideration of as on those grounds the criminal proceedings cannot be quashed so finding no merit, the application stands dismissed.

(Arun Kumar, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.08.2017 Transmission Date 23.08.2017