Rajendra Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30464 of 2012 ====================================================== Rajendra Prasad S/O Baijnath Prasad Resident Of Andi Gola, P.SMuzaffarpur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Janardhan Prasad S/O Late Rishikesh Agrawal Resident Of Sikandarpur Chowk, P.S Muzaffarpur Town, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma, Adv For the Opposite Party/s : Mr. Mina Singh, App ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03-04-2015 The petitioner seeks quashing of the order of nondischarge dated 26.06.2012 passed by the Judicial Magistrate, Muzaffarpur in G.R. No. 1074 of 2009/Tr. No. 429 of 2012, arising out of Muzaffarpur Town P.S. Case No. 178 of 2009. The case of the informant is that he hired a truck which was supplied by the petitioner who was a commission agent which truck was loaded with articles and sent to Bettiah. However, it went missing with the articles and hence the present case.

It has been submitted on behalf of the petitioner that evidently as a commission agent he was only required to supply a truck and he had no further responsibility in respect to the goods

Patna High Court Cr.Misc. No.30464 of 2012 (8) dt.03-04-2015 2/2 which was loaded on it. Moreover till date nothing is known as to how the truck went missing and who was involved in it. Considering such aspect of the matter, the application is allowed. The order of non-discharge dated 26.06.2012 passed by the Judicial Magistrate, Muzaffarpur in G.R. No. 1074 of 2009/Tr. No. 429 of 2012 arising out of Muzaffarpur Town P.S. Case No. 178 of 2009, is hereby set aside.

(Anjana Prakash, J) Prakash/- U T