Patna High CourtCR. MISC./43585/2014dismissed

Kumud Ranjan v. The State Of Bihar

2017-12-05Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43585 of 2014 Arising Out of PS.Case No. -117 Year- 2011 Thana -PATAHI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Kumud Ranjan, S/o Shri Naresh Prasad of Village-Puna Hilsa, DistrictNalanda the their Panchayat Rojgar Sewak Cum in Charge Accountant (MANREGA) under Patahi Block, P.S.-Patahi, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Mr. A.L. Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks quashing of cognizance order date 16.09.2013 passed by the Sub Divisional Judicial Magistrate, East Champaran at Motihari in Patahi P.S. Case No. 117 of 2011. A brief fact giving rise to this case is that an F.I.R. was lodged by the Programme Officer under the MANREGA, alleging therein that the petitioner, a Panchayat Rojgar Sewakcum-Incharge Accountant of Patahi Block, being custodian of the official records, has intentionally misplaced by taking records of Plan No. 27/08-09 and Plan No. 10/09-10 from the office along with other relevant documents including the measurement register and the register of muster roll.

Patna High Court Cr.Misc. No.43585 of 2014 (5) dt.05-12-2017 2/2 Learned counsel for the petitioner submits that petitioner had informed the senior officers regarding missing of files from office.

Having considered rival submissions and on perusal of record, the Court finds that allegations made in the FIR do disclose the offence as the petitioners appears custodian of these Government documents; moreover after investigation, charge sheet has been submitted in the matter. So there is no ground for interfering with the impugned order and setting aside the criminal proceeding in the matter. Accordingly, this application stands dismissed.

(Arun Kumar, J) Sujit/- U T