Patna High Court
Mandan Mishra vs The State Of Bihar on 21 January, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44268 of 2021
Arising Out of PS. Case No.- Year-0 Thana- District- Rohtas
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Mandan Mishra, Son of Shobha Kant Mishra, Resident of Village - Kasraur
Basauli, P.O.- Kasraur, P.S. - Ghanshyampur, District - Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Singh, Advocate
For the Opposite Party/s : Mr. Mukeshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 21-01-2025
The present petition has been filed for quashing of
the order dated 20.02.2017 passed by learned Chief Judicial
Magistrate, Rohtas at Sasaram, whereby the learned
jurisdictional Magistrate has taken cognizance against the
petitioner for the offence under Sections 175 and 176 of the
Indian Penal Code (for short 'IPC').
2. The prosecution case in short is that the Officer
Incharge, Agrer Police Station forwarded a written complaint,
whereafter the prosecution report was submitted against the
petitioner in connection with Sasaram (Agrer) P.S. Case
No.382 of 2015 for the offence under Sections 406, 420 and
409 of the IPC in which it has been submitted that a report
was submitted against the petitioner for misappropriation of
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42 CMR rice. The said report was submitted by the then
District Food Supply Corporation, Rohtas. It has further been
alleged that during course of investigation, it transpired that
on query made by Superintendent of Police, Rohtas from the
petitioner about the documents of 42 CMR rice but, even after
issuance of notice to him under Section 91 of the Code of
Criminal Procedure, the petitioner, who was the District
Manager at that time did not give the said documents, neither
records were made available before the Superintendent of
Police, Rohtas. Said notice dated 25.10.2016 was made
available to the office on 28.10.2016. Even then, till
10.12.2016
, the compliance was not made. On the other
hand, a reminder was issued by the Officer Incharge to the
District Manager, State Food Corporation and demand was
made for the documents with regard to the rice miller but,
even then, no documents as made available to them.
3. During the course of argument, learned counsel
appearing on behalf of the petitioner referred to memo
No.8188 dated 16.10.2017 issued from the Superintendent
of Police, Rohtas, wherein it was informed to District
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Prosecution Officer, Sasaram as to withdraw the prosecution
against petitioner for the reason that documents, which was
demanded from State Food Corporation was now made
available to police. It is submitted by learned counsel that
non-availability of required documents was neither intentional
nor deliberate for the reason that as it is apparent from the
aforesaid letter that total of 149 cases were lodged between
2012-2016, prima facie caused a heavy work load.
4. It is submitted that in view of aforesaid,
continuing with proceeding before learned trial court would
only amount to abuse of the process of court of law.
5. Mr. Mukeshwar Dayal, learned APP opposed the
quashing petition. However, he could not disputed the factual
submissions as advanced by learned counsel appearing for the
petitioner.
6. In view of aforesaid facts and circumstances, the
impugned order taking cognizance dated 20.02.2017 passed
by learned Chief Judicial Magistrate, Rohtas qua petitioner in
connection with none F.I.R. Case No. 10 of 2017 is, hereby,
quashed/set aside in view of Memo No.8188 dated
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16.01.2017 as discussed above.
7. Let a copy of this judgment be sent to the trial
court forthwith.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 24-01-2025 Transmission Date 24-01-2025
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