Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41600 of 2013 Arising Out of PS.Case No. -59 Year- 2007 Thana -BALIA District- BEGUSARAI ====================================================== Raj Kumar, son of Ram Narain Prasad, Resident of Village Hirdan Bigha (Upraur) P.S.-Barahiya, Dist.-Lakhisarai at present Junior Engineer, Balia, P.S. Balia, District- Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr..

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-05-2016 The sole petitioner, invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, has made a prayer for quashing of an order dated 22.07.2013 passed by the learned Judicial Magistrate, 1st Class, Begusarai in Balia P.S. Case No.59/2007. By the said order, the learned Magistrate has rejected the petition for discharge filed under Section 239 of the Code of Criminal Procedure on behalf of the petitioner. The petitioner has been made an accused for the offence under Section 409 of the Indian Penal Code while functioning as Junior Engineer. It was alleged that the petitioner had misappropriated public fund.

I have perused the impugned order. I do not find any apparent error in the impugned order. Accordingly, the

Patna High Court Cr.Misc. No.41600 of 2013 (2) dt.19-05-2016 2/2 petition stands dismissed.

Keeping in view the fact that F.I.R. was lodged in the year 2007 itself, while dismissing the present petition, it is desirable to direct the court below to proceed with the case for its expeditious disposal.

Let a copy of this order be sent to the court below forthwith.

(Rakesh Kumar, J) NKS/- U