Dismissed

Ritu Abhishek and Ors. v. State Of Bihar and Anr.

Patna HC1 Dec 2017CR. MISC./20297/2014

Case brief

AI extract

What is this about?

This order dismisses an application seeking quashing of a cognizance order passed by the Chief Judicial Magistrate under Section 500 IPC. The court held that the petitioners were sufficiently punished by fines and deposit, and the nature of the offence is not a ground for interference.

What did the court decide?

The application seeking quashing of the cognizance order dated 21.09.2012 is dismissed.

Ritu Abhishek and Ors. Vs State Of Bihar and Anr. — Cheating and Forgery | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20297 of 2014

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Arising Out of PS.Case No. -624 Year- 2011 Thana -COMPLAINT CASE District- SUPAUL

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======================================================

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Ritu Abhishek, S/o Sri Binod Kumar Singh, Resident of Anumpam Nivas, Vidyapati Nagar, Saharsa, P.S. + District - Saharsa, At present Posted as Assistant Engineer, Electric Supply Division, Rajgir, P.S. Rajgir, District - Nalanda.

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Santosh Kumar S/o Sri Arjun Ram, Resident of Santosh Bhawan, S.K. Vihar Colony opposite Beur Central Jail Patna, P.S. - Anisabad, District - Patna, at present posted as Junior Engineer, Electric Supply Section, Pahari Subdivision, Didarganj, P.S. Didarganj, Patna, District - Patna.

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Md. Wahid Ali, S/o Md. Ibrahim, Resident of village - Sahe, P.S. + Post Bakaur, District - Supaul, at present working as Line man at Electricity Department at Supaul, P.S. - Supaul, District - Supaul

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Rudra Pratap Lal, S/o Sri Narendra Nath Das, Resident of Ward No. - 9, Nagar Parishad, Supaul, District - Supaul, at present practicing as an advocate at Civil Court, Supaul, District - Supaul.

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.... .... Opposite Party/s

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

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For the Petitioner/s : Mr. Pawan Kumar Mishra For the Opposite Party/s : Mr. S.Ehteshamuddin(App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER

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9 01-12-2017 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the O.P. No. 2.

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Petitioners seek quashing of the cognizance order dated 21.09.2012 passed by the learned Chief Judicial Magistrate, Supaul in Complaint Case No. 624C of 2011 thereby taking cognizance of offence under Section 500 of the Indian Penal Code.

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Patna High Court Cr.Misc. No.20297 of 2014 (9) dt.01-12-2017

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2/2

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Allegation in brief is that complainant, a practicing advocate in the Civil Court, represented the consumers of the Electricity Board in the Consumer Forum, Supaul and finding the deficiency in the service, accused persons were awarded fine of Rs. 7000/- in each case. Being compelled, the accused persons deposited the amount, they came to the table of the complainant threatened him to face dire consequences, as due to him, money was deposited by the accused persons.

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Learned counsel for the petitioners submits that these petitioners are Assistant Engineer, Junior Engineer and Line Manof the South Bihar Power Distribution Company Limited and they have been punished sufficiently by now and it is a kind of petty offence.

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However, nature of offence cannot be a ground of interfering with the cognizance order and it is also not the case that the allegation made in the complaint and in the enquiry did not make out an offence. So finding no ground for interference, the application is dismissed.

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Sujit/-

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U T

Ritu Abhishek and Ors. v. State Of Bihar and Anr.

Case brief

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Ritu Abhishek and Ors. v. State Of Bihar and Anr.

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