NAND KISHORE PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner, who has been summoned to face trial vide order dated 26.3.2009 passed by learned CJM in Muzaffarpur (Town) P.S. Case No.346 of 1994 for an offence punishable under Section 409 of the IPC has prayed for quashing thereof including the whole prosecution.

(2.) It has been submitted on behalf of the petitioner that order passed by the learned lower court is mechanical one as the same did not speak with regard to application of judicial mind to the facts collected during investigation which no way connect the petitioner with the crime, so alleged. Then it has been submitted that there happens to be non-compliance of Section 47 of Bihar Co-operative Societies Act. It has further been submitted that petitioner was made administrator for only two months of the Central Bank of India Staff Cooperative Credit Society Limited, Muzaffarpur, vide memo no.1834 dated 24.12.1992 and he superannuated on 28.2.1993 and during intervening period, he simply disbursed the salary to the employees as per direction of the Additional Registrar, Co-operative Society. It has further been submitted that Assistant Registrar, Co-operative Society, namely, Kamla Prasad was also dragged who filed Cr.W.J.C. No.90 of 2009 and vide order dated 7th July, 2010, the same was allowed. So submitted that in the aforesaid facts and circumstances of the case, the order impugned happens to be bad in law as well as on facts and is accordingly fit to be set aside.

(3.) At the other hand the, learned G.P.-IV submitted that the present petition has got no merit as after thorough investigation on each and every point, lastly involvement of petitioner including others was found and who were charge sheeted along with other FIR named accused and the order of cognizance shows that there has been proper application of judicial mind. Also submitted that for the present purpose, the roaming inquiry is forbidden so submitted that the order impugned is fit to be confirmed.