Patna High Court - Orders
Shiv Chandra Baitha vs State Of Bihar on 26 November, 2012
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court Cr.Misc. No.23115 of 2010 (5) dt.26-11-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23115 of 2010
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Shiv Chandra Baitha, Range Education Officer, Mahua, Vaishali, S/O-
Bhutta Baitha R/O-village Gajipur, P.S. Shyampur Bhatahan Dist-Shiohar
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
5 26-11-2012Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission.
Petitioner has challenged the order dated 21.08.2009 passed in Trial No. 2641 of 2009 arising out of Udwant Nagar P.S. Case No. 168 of 2002 by which and whereunder learned Chief Judicial Magistrate, Ara, Bhojpur having found prima facie case under Sections 409 and 420 of the Indian Penal Code took the cognizance for the above stated offences.
Learned counsel for the petitioner submits that in departmental enquiry, no shortage of wheat was found and as a matter of fact, no case is made out against the petitioner who was working as Block Education Officer at the relevant time.
I do not find any force in the submission of learned counsel for the petitioner and, accordingly, this petition stands Patna High Court Cr.Misc. No.23115 of 2010 (5) dt.26-11-2012 dismissed on admission stage itself.
However, petitioner may raise his plea before the trial court at appropriate stage and if he does so, the learned trial court shall pass order in accordance with law without being prejudiced by this order.
(Hemant Kumar Srivastava, J) SHAHZAD/-