Dismissed

Subodh Kumar @ Subodh Singh v. the State of Bihar

Patna HC7 Feb 2014CR. MISC./5987/2011

Case brief

AI extract

What is this about?

The Patna High Court quashed the cognizance order dated 20.9.2007 against the petitioner for offences u/s 420 and 414 IPC, finding that alleged food grains were never delivered to the accused and investigation reported they remained intact.

What did the court decide?

Cognizance order dated 20.9.2007 against the petitioner for offences under sections 420 and 414 IPC is quashed.

Subodh Kumar @ Subodh Singh Vs the State of Bihar — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5987 of 2011

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====================================================== Subodh Kumar @ Subodh Singh S/O Awash Singh R/O Vill-Telari, P.S.Rupao (Kawakole), In The District Of Nawadah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 6 07-02-2014 Heard learned counsel for the petitioner as well as learned counsel appearing for the opposite party. The petitioner prays for quashing the order dated 20.9.2007, passed by the Chief Judicial Magistrate, Nawadah in Kawakole Police station Case No.14 of 2007 instituted under sections 420 and 414 of the Indian Penal Code.

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One Binod Kumar alleged that food-grains, which was meant for Poshahar of Primary School, Telari was being carried from the shop of P.D.S. Dealer Lalan Paswan @ Lalan Ram on the tractor for black marketing in collusion with Up-Mukhiya, (Subodh Kumar) and Siya Singh, Chairman, Shiksha Samiti of Primary School, Telari.

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Learned counsel submits that the instant prosecution

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Patna High Court Cr.Misc. No.5987 of 2011 (6) dt.07-02-2014

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has been lodged on account of personal malice of Binod Kumar, who was earlier the Chairman of Shiksha Samiti of Primary School, Telari. He further submits that both the enquiry and investigation revealed that the food-grain meant for Poshahar was never allotted to the P.D.S. Dealer, namely, Lalan Paswan. Furthermore, the investigation also revealed that food-grains are lying intact in the school premises and no Khichari (mid day meal) could be prepared for the student, due to lack of money for preparation of Khichari (mid day meal). Learned counsel further submits that this Court vide order dated 19.3.2010 passed in Cr. Misc. No.52175 of 2007 as well as vide order dated 7.5.2010 passed in Cr. Misc.No.2855 of 2008 quashed the cognizance orders against other accused persons, and case of the petitioner stands on similar footing.

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In view of the fact that the food grains itself was not lifted, order taking cognizance dated 20.9.2007 against the petitioner for offence under sections 420 and 414 of the IPC in Kawakole Police station Case No. 14 of 2007 is hereby quashed.

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This application is, accordingly, allowed.

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(Samarendra Pratap Singh, J)

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Shashi.

Subodh Kumar @ Subodh Singh v. the State of Bihar

Case brief

What is this about?

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Subodh Kumar @ Subodh Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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