RAJMANI PRASAD SIHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire prosecution in Complaint Case No.2035C of 2005 as well as order dated 27.9.2006 passed by Shri D.L. Prasad, Judicial Magistrate, Ist Class, Begusarai. By the said order, learned Magistrate has taken cognizance of offence under Sections 323, 500, 190, 199, 218, 203, 200, 168 and 420/120B of the Indian Penal Code.

(2.) Short fact of the case is that the opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Begusarai, which was numbered as Complaint Case No.2035C of 2005, against three accused persons including two petitioners, who are before this Court. It was alleged that the son of complainant was student of G.D. College, Begusarai in the course of B.Sc.(Honours) for the Sessions 1999-02. It was alleged that despite the fact that the son of complainant had appeared in Part-III examination, his result was un-authorizedly held up and thereafter, illegal gratification was demanded for publishing the result of son of the complainant and similarly situated other students. On aforesaid allegation, complaint petition was filed and after conducting enquiry, the learned Magistrate has taken cognizance of the offence as stated above.

(3.) Two petitioners, who were at the relevant time, Vice Chancellor and Registrar of Lalit Narayan Mithila University, were made accused on aforesaid allegation.