Patna High CourtCR. MISC./601/2015dismissed

Sanjeev Kumar Verma v. The State Of Bihar

2015-10-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.601 of 2015 Arising Out of PS.Case No. -255 Year- 2011 Thana -CIVIL LINE District- GAYA =========================================================== Sanjeev Kumar Verma, S/o Baliram Prasad, R/o Vill.- Panari, P.S.- Belaganj, DisttGaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandra Sen Prasad Singh, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 07-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In the present application under Section 482 of the Code of Criminal Procedure (For short 'Cr. P.C.), the petitioner seeks quashing of the order dated 03.09.2014 passed by the learned Sub-Divisional Judicial Magistrate, Gaya in Civil Line P.S. Case No. 255 of 2011 whereby he has rejected the application of the petitioner filed under Section 239 of the Cr. P.C. for discharge. The petitioner is a named accused in Civil Line P.S. Case No. 255 of 2011 registered under Sections 406, 419, 420, 467, 468 and 471 of the Indian Penal Code. The aforesaid case has been

Patna High Court Cr.Misc. No.601 of 2015 dt.07-10-2015 2 / 2 instituted on the basis of written report of the District Agriculture Officer, Gaya. In the aforesaid written report, it has been alleged that by making false statement and producing forged documents, the petitioner obtained subsidy amount of Rs. 60,000/- in the name of purchase of power triller.

The witnesses examined during investigation have supported the allegations made in the FIR. The learned Magistrate has elaborately discussed about the allegation and evidence available on record while passing the impugned order dated 03.09.2014 whereby the application of the petitioner for discharge under Section 239 of the Cr. P.C. has been rejected. I find no error in the impugned order passed by the learned Magistrate.

In that view of the matter, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- U T