Patna High Court - Orders
Anju Devi & Anr vs State Of Bihar & Anr on 26 April, 2012
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 7651 of 2009
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1. Anju Devi, W/o Ajay Kumar Mishra, R/o Vill.-Bihnagar, P.O. &
P.S.-Pandaul, Dist.-Madhubani.
2. Ajay Kumar Mishra, S/o Raj Kumar Mishra, R/o Vill.-Bihnagar,
P.O. & P.S.-Pandaul, Dist.-Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Block Development Officer, Pandaul, Madhubani.
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
05. 26.04.2012The petitioners seek quashing of the entire proceeding including the order dated 05.12.2008 passed in G.R. No. 748/07 arising out of Pandaul P.S. Case No. 89/07 by which CJM, Madhubani has taken cognizance under Sections 420 and 504/34 IPC.
The case of the prosecution according to the Block Development Officer, Pandaul, Madhubani is that the petitioners being the Mukhiya and Up-Mukhiya of the Gram Panchayat had committed several irregularities in appointment of Panchayat Teachers.
It has been submitted on behalf of the Petitioners that similar Complaints had been made by various other persons on the basis of which the appointments of the selected Panchayat Teachers were cancelled by the District Magistrate. The said orders were sought to be challenged before this Court in various writ applications which held that the appointments were completely valid and set aside the orders of the District Magistrate. One such order passed in CWJC No. 7700/2009 dated 20.06.2011 is placed with the records of this case. Patna High Court Cr.Misc. No.7651 of 2009 (5) dt.26-04-2012 2
Under these circumstances, the Petitioners submit that when this Court had already held that no irregularity had been committed by the Selection Team the present prosecution is baseless.
Accepting this argument, the application is allowed and the entire proceeding including the order dated 05.12.2008 passed in G.R. No. 748/07 arising out of Pandaul P.S. Case No. 89/07 pending before the CJM, Madhubani is, hereby, set aside.
(Anjana Prakash, J.) Vikash/-