BHOLA PRASAD MAUWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 20th September, 1997 passed by the learned Additional Chief Judicial Magistrate, Danapur in Tr. No.210 of 1998 arising out of Bihta P.S.Case No.87 of 1994. By the said order the learned Magistrate has taken cognizance of the offences under sections 406 and 379 of the Indian Penal Code.

(2.) At the very outset Mr. Nawal Kishore Singh, learned counsel for the petitioner, submits that co-accused namely, Rajendra Sharma whose petition for discharge was rejected had filed quashing application vide Cr.Misc. No.23297 of 2000. The said quashing application was allowed by this court by order dated 19th July,2010. This court in Cr.Misc. No.23297 of 2000 had Patna High Court The 3rd September,2010 Md.S./NAFR quashed the entire criminal proceeding in Bihta P.S. Case No.87 of 1994/Tr. No.210 of 1998 passed by Sri Ram Awadh Prasad, Judicial Magistrate, Ist Class, Danapur.It was submitted that only difference in between the petitioner of the present case and co-accused Rajendra Sharma is that co-accused Rajendra Sharma at the relevant time was President and the petitioner was Member of the Trust in question.

(3.) In view of the order dated 19th July, 2010 passed in Cr. Misc. No.23297 of 2000, the court feels that it would be just and proper to interfere with the order of cognizance in the present case. The court is of the opinion that on similar allegation two different orders may not be passed and for the ends of justice it is desirable to quash the order of cognizance dated 20.9.1997 passed in Tr. No.210 of 1998 arising out Bihta P.S. Case No.87 of 1994 passed by Addl. Chief Judicial Magistrate, Danapur.