Narottam Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37020 of 2015 Arising Out of PS. Case No.-625 Year-2011 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Narottam Pandey S/o Sri Jahnwi Pandey, resident of Village- Kubari, P.S.- Karpi, District- Arwal.

... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Vishnudeo Pandit S/o Late Moti Pandit Village- Bihpur, P.S. Bihpur, District- Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Singh For the Opposite Party/s :

Mr. Jharkhandi Upadhyay APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-04-2023 Heard the parties.

One Anil Kumar, who is also accused in Complaint Case No. 625 of 2011 had moved this Court vide Cr. Misc. No. 31398 of 2013 for quashing the order dated 17.09.2012. This Court allowed the quashing application of Anil Kumar by order dated 28.04.2017.

Para VII of the order dated 28.04.2017 reads as follows:- "Accordingly, the impugned order dated 17.09.2012 passed in Complaint Case No. 625 of 2011 by the court of the Judicial Magistrate, First Class, Naugachia, Bhagalpur, summoning the accused-petitioner and the co-accused Narottam

Patna High Court CR. MISC. No.37020 of 2015(3) dt.19-04-2023 2/2 Pandey, under Section 204 of the Code of Criminal Procedure, on enquiry, finding prima facie case under Sections 341, 323 and 504 of the Indian Penal Code and Section 7 of the Prevention of Corruption Act, and the entire criminal proceedings in connection with the aforesaid complaint case are hereby quashed and this application is allowed". From the above it appears that the order dated 17.09.2012 as against the petitioner has also been quashed by this Court vide Cr. Misc. No. 31398 of 2013 and therefore, there is no need of passing any order in this case. Accordingly, this application is dismissed as having become infructuous.

(Sandeep Kumar, J) Vikas/Shishir U