Patna High CourtCR. MISC./39332/2010allowed

Mahabir Prasad Sharma v. State Of Bihar And ANR

2016-02-22Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39332 of 2010 Arising Out of PS.Case No. -0 Year- null Thana -null District- JEHANABAD ===========================================================

1. Mahabir Prasad Sharma, Circle Officer, Ratni, Faridpur, P.S. - Paras Bigha, Distt. - Jehanabad.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Amarendra Kumar Son of Sri Awadhesh Sharma, resident of village Baidahta, P.S. Parsi Bigha,Dist. Jehanabad .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. D.N. Tiwari, Advocate For the State/s : Dr. Indiwar Kumari, APP For Opposite Party No.2 : Mr. Birendra Kr., Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 22-02-2016 The Petitioner seeks quashing of the order of cognizance dated 17.5.2010 passed by the court of Chief Judicial Magistrate, Jehanabad in Complaint case No.732 of 2008.

The case of the Complainant is that his mother had filed Mutation Appeal No.2/AC/89-90 against the order of the Additional Collector, Jehanabad, in which status quo was ordered. However, despite the stay order the Karamchari issued rent receipts in order to cause gain to his opponents Rangnath Sharma and Dilip Kumar. It has been submitted on behalf of the Petitioner that he had worked in favour of the opponents of the Complainant in

Patna High Court Cr.Misc. No.39332 of 2010 dt.22-02-2016 2/2 discharge of his official duties as was procedurally prescribed and if at all the Complainant was aggrieved, he should have brought this fact to the notice of the Authority before whom the appeal was pending instead of filing a fresh Complaint.

On the last occasion notices had been issued to the Opposite Party No.2 but none appears on his behalf. Having considered the speculative nature of the allegations, the application is allowed and the proceeding including the order of cognizance dated 17.5.2010 passed by the court of Chief Judicial Magistrate, Jehanabad in Complaint case No.732 of 2008 is hereby set aside.

(Anjana Prakash, J) Narendra/- U T