Shiva Shankar Ram @ Shiv Shankar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1742 of 2024 Arising Out of PS. Case No.-19 Year-2012 Thana- MAHISHI District- Saharsa ====================================================== Shiva Shankar Ram @ Shiv Shankar Ram Son of Late Lachhmi Ram R/O Village- Ekma, P.S. And District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Prasad Singh, Adv For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-01-2025
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present quashing petition has been preferred to quash the order dated 16.01.2023 passed in Mahishi P.S. Case No. 19 of 2012, where learned Sub-Divisional Judicial Magistrate, Saharsa took cognizance for the offence punishable under section 406, 409, 420, 467, 471 and 120(B) of the Indian Penal Code against the petitioner.
3. It is pointed by learned counsel that petitioner was not posted at relevant point of time when occurrence took place. It is also submitted that role of petitioner was very limited regarding allotment of house under Mukhyamantri Awas Yojana and also under Indira Awas Yojana.
4. It is submitted that taking note of aforesaid facts,
Patna High Court CR. MISC. No.1742 of 2024(2) dt.16-01-2025 2/2 after investigation police submitted final form against petitioner and did not sent him for facing trial. However learned trial court took cognizance by taking different note without assigning any reason.
5. It is also pointed out by learned counsel that main role of allotment of Indira Awas Yojana is of concerned mukhiya and BDO, who were not sent up for trial and same was accepted by the learned trial court.
6. Considering the aforesaid aspect the learned SDM, Saharsa is directed to pass fresh cognizance order in accordance with law by considering all such factual and legal submissions as noted above. In view of aforesaid, the impugned order is hereby quashed and setaside.
7. With aforesaid observations present quashing petition stands disposed of.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T