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Rajib Prasad Sao @ Rajendra Sah vs The State Of Bihar on 24 August, 2012

Author: Rakesh Kumar

Bench: Rakesh Kumar

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No. 3727 of 2010
                  ==================================================
                  Rajib Prasad Sao @ Rajendra Sah, son of Sri Narayan Sahu Resident
                  of village Bariyarpur, P.S. Bariyarpur District Munger, at present
                  Bank Manager Munger Chhetriya Gramin Bank, Lakhilsarai.
                                                                          .... .... Petitioner
                                                   Versus
                  1. The State of Bihar.
                  2. Ishwar Dayal Kashyap son of Narendra Kumar Sinha, Resident
                     of village + P.O. Afani, P.S. Ariyari, District - Sheikhpura.
                                                                  .... .... Opposite Parties
                  ==================================================
                  CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
                  ORAL ORDER

5.   24-08-2012

Heard Sri Ram Sumiran Rai, learned counsel for the petitioner and Sri Tarkeshwar Prasad Verma, learned counsel, who has appeared on behalf of complainant/opp. party no. 2.

The sole petitioner has prayed for quashing of an order dated 03.09.2008 passed by learned Sub-Divisional Judicial Magistrate, Sheikhpura, in Complaint Case No. 317(C) of 2007, arising out of Sheikhpura P. S. Case No. 61 of 2006. By the said order, learned Magistrate has taken cognizance of offence under Sections 409 & 419 of the Indian Penal Code.

In this case, by order dated 03.09.2010, notice was directed to be issued to opp. party no. 2 and thereafter, opp. party no. 2 has entered appearance through his counsel, namely; Sri Tarkeshwar Prasad Verma.

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In this case, a supplementary affidavit has also been filed on 03.08.2012, wherein, it has been indicated that during the pendency of this petition, dispute in between the parties has already been settled and a compromise petition has been filed before the court below.

Sri Tarkeshwar Prasad Verma, learned counsel for opp. party no. 2 submits that due to misunderstanding, case was filed and since compromise has already arrived, complainant is not at all interested to further pursue the matter.

In view of the stand taken by learned counsel for opp. party no. 2 as well as the fact that a compromise petition has been filed before the court below, the Court is of the opinion that allowing further proceeding in Complaint Case No. 317(C) of 2007 pending in the court of Sub-Divisional Judicial Magistrate, Sheikhpura, will amount to allowing abuse of the process of the court and as such, with a view to prevent abuse of the process of the court and for the ends of justice, it is desirable to interfere with the matter.

Accordingly, order of cognizance dated 03.09.2008 passed in Complaint Case No. 317(C) of 2007 by the learned Sub- Divisional Judicial Magistrate, Sheikhpura is, hereby, set aside and petition stands allowed.

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In view of the fact that order of cognizance as well as entire criminal proceeding has already been set aside, the petitioner is directed to be discharged from the bail-bond.

(Rakesh Kumar, J.) Anay