GULAB HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties. Cr. Misc. No. 46508 of 2006 has been filed on behalf of the petitioner Gulab Hussain invoking jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 whereas Cr.W.J.C. No. 863 of 2006 has been filed under Article 226 and 227 of the Constitution of India by the petitioner, Vijay Kumar Mandal. Petitioners in both the cases are named accused in Sonepur P.S. Case No. 138 of 2006 instituted under Sections 420/120B of the Indian Penal Code and Section 130(17)(2) of Bihar Panchayat Raj Ordinance, 2006 . The prayer in both the cases are common as the petitioners have prayed for quashing of the aforesaid F.I.R. By order dated 14.12.2007 Cr. Misc. No. 46508 of 2006 was admitted for hearing and it was directed that the case would be heard together with Cr.W.J.C. No. 863 of 2007 and Cr.W.J.C. No. 727 of 2007. In Cr.W.J.C. No. 727 of 2007 there are 19 petitioners, namely, 1. Surendra Prasad Singh, 2. Manoj Kumar, 3. Shambhu Nath Pandey, 4. Awadhesh Tiwary @ Awadh Tiwary, 5. Anil Kumar, 6. Gorakh Ram, 7. Suresh Ram, 8. Ram Jatan Mahto, 9. Upendra Nath Dadhichi, 10. Birendra Prasad Verma, 11. Rama Prasad Pathak, 12. Ramchandra Patra, 13. Arbind Kumar, 14. Arjun Manjhi, 15. Shiv Mangal Prasad, 16. Kameshwar Pd. Singh, 17. Badri Vishal Mishra, 18. Jitendra Rai and 19. Sudhir Kumar Sinha. They all were made named accused like petitioners of the cases being heard in the aforesaid Sonepur P.S. Case No. 138 of 2006 and they had also prayed in their petition for quashing of the said F.I.R. It appears that Cr.W.J.C. No. 727 of 2007 was taken up separately on 14.01.2008 and by a reasoned order a bench of this court dismissed the case of the petitioners in that case. The case of the petitioners of the two applications being taken up today stands on identical footing to that of the petitioners of Cr.W.J.C. No. 727 of 2007 which has already been dismissed by this court.

(2.) The case of the prosecution according to the Executive Officer, Nagar Panchayat, is that the accused persons engaged themselves in various mal-practices in counting of votes which constituted different offences under the Penal code and the Gram Panchayat Act, 2006. Their act of omission and commission is alleged to have materially affected the election of Mukhiya of Hasibpur Gram Panchayat.

(3.) From perusal of the written statement of the Executive Officer of the Nagar Panchayat, Sonepur dated 13.7.2006, it appears that offences alleged are made out against the petitioner and others named therein.