Awlokiteshwar Mishra v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44637 of 2010 Arising Out of Complaint Case No.1304 Year 2008 District- PATNA =========================================================== Awlokiteshwar Mishra, son of late Ganesh Prasad Mishra R/O MohallaChhajjubagh, T.N. Banerjee Road, Town & Distt- Patna. .... .... Petitioner/s

Versus

1.

The State of Bihar 2.

Krishan Mohan Prasad. Advocate, S/O Late R.N Prasad, Mohalla- Kajipur Quarter, Road No. 3, Thana- Kadamkuan, Distt- Patna .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mrs. Archana Jha, Adv. For the State : Mrs. Rita Verma, A.P.P. For the Opposite Party No. 2 : None.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 29-03-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 26.11.2010 passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 1304 of 2008 (T.R No. 975 of 2010). The case of the Complainant is that he was an empanelled Advocate of Bank of India and even though he had conducted certain cases, he did not receive his full payment. It appears that the Petitioner at that point in time was a Law Officer in the Bank and some payments were made to him as per norms prescribed. If at all, the Complainant was aggrieved with nonpayment, instead of filing Criminal cases, he could have approached

Patna High Court Cr.Misc. No.44637 of 2010 dt.29-03-2016 2/2 the higher authority for the same.

Having considered that even conceding the allegations in the Complaint petition, no criminal offence would be made out, the application is allowed and the Proceeding including the order dated 26.11.2010 passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 1304 of 2008 (T.R No. 975 of 2010), is hereby, set aside.

(Anjana Prakash, J) S.Ali/- U T