RAJENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for quashing of entire criminal proceeding including the order dated 9-2-1998 passed by the Chief judicial Magistrate, Aurangabad in G. O. case no.5/98, Trial No.853/98 in a case under section 133 of the Representation of peoples Act, 1951 which is pending for trial before the Chief judicial Magistrate, Aurangabad.

(2.) According to FIR lodged by Officer Incharge of Deo police Station on 4-2-1998, in course of Parliamentary election the informant while he was near village Malhara on Baluganj Deo road with the Block Development Officer, Deo, he noticed a white coloured trekker bearing No. BR-26p/ 0069 coming from the village Baluganj with flag of Indian National Congress. The vehicle stopped on signal but except the driver all the occupants ran away. The driver disclosed his name as Naresh Prasad and name of the owner of the vehicle as Ramjee Prasad. Allegedly he could not produce any valid paper for participating in election work but disclosed that the jeep had been hired by the petitioner for use in relation to the election work as the petitioner was a candidate in the election of Indian National Congress party. The informant seized the vehicle and lodged a case u/s 133 of the representation of Peoples Act.

(3.) Learned counsel for the petitioner has submitted that in an earlier election in Aurangabad district in the year 1996 an identical case was lodged against one Satendra Narayan Singh which was quashed by a Bench of this Court by order dated 11-4-1997. A copy of that judgement and order has been annexed as annexure-2.