Allowed

Ashish Kumar Singh and Anr. v. State Of Bihar and Anr.

Patna HC8 Dec 2014CR. MISC./11732/2014

Case brief

AI extract

What is this about?

The Patna High Court quashed criminal proceedings against two petitioner government officials. The bench held the complaint filed by a villager was malicious and set aside the magistrate's cognizance order, while leaving the fine refund matter open to higher authorities.

What did the court decide?

the entire proceeding as against the Petitioners including the order of cognizance dated 16.01.2014 is set aside

Ashish Kumar Singh and Anr. Vs State Of Bihar and Anr. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 11732 of 2014 Arising out of P.S. Case No. -363 Year- 2013 Thana - NALANDA COMPLAINT CASE District- NALANDA (BIHARSHARIFF)

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Ashish Kumar Singh S/o Shri Fateh Bahadur Singh R/o :- Village- Hariji Ke Haatam, P.O. + P.S.- Nawada Ara, District- Bhojpur.

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Rajesh Kumar Verma S/o Shri Mahendra Kumar Verma R/o :- Village- Baraini, P.O.- Nekpur, P.S.- Neemchak Bathani, District- Gaya. .... .... Petitioner/s Versus

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The State of Bihar.

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Anuj Prasad @ Loli S/o Madhu Mahto R/o :- VillageMurliganj, P.S.- Hilsa, District- .... .... Opposite Party/s

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=================================================== Appearance :

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For the Petitioner/s : Mr. Awadhesh Kumar, Adv. For the Opposite Party/s: Mr. B.N.Pandey (APP)

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=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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03. 08.12.2014

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The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 16.01.2014 passed by the Judicial Magistrate, 1^st Class, Hilsa, Nalanda in Complaint Case No. 363 of 2013.

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The case of the Complainant is that on the date of occurrence the Petitioners who are incumbents of the Electricity Department came to his house and charged him of running a flour mill in an illegal manner and fined him with Rs. 70,986/- slapped and abused him and also committed theft of his personal possession,.

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It has been submitted on behalf of the Petitioners that evidently it was in discharge of their official duties that the Petitioners had raided the flour mill of the Complainant but instead they are being maligned without a reasonable cause.

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Patna High Court Cr.Misc. No.11732 of 2014 (3) dt.08-12-2014

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On the other hand, Counsel for the

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Complainant submits that on a query under the Right to Information Act it was certified that there was no electricity connection in the village of the Complainant and, hence, the Petitioners making a search and seizure in his house for valid reasons is completely false. The further grievance of the Petitioners is the Department has unnecessarily fined him a sum of Rs. 70,986/-

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Considering the facts of the case, I would be inclined to hold that the present Complaint is malicious in nature and deserves to be set aside.

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Hence, the application is allowed and the entire proceeding as against the Petitioners including the order of cognizance dated 16.01.2014 passed by the Judicial Magistrate, 1^st Class, Hilsa, Nalanda in Complaint Case No. 363 of 2013 is, hereby, set aside.

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The Application stands allowed.

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However, it will be open to the Complainant to approach the higher authorities of the Electricity Department for refund of amount of fine on the ground that there is no electricity connection in his village.

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(Anjana Prakash, J.)

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Vikash/-

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U T

Ashish Kumar Singh and Anr. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Ashish Kumar Singh and Anr. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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