RAJIV KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application preferred for quashing of cognizance order dtd. 10/6/2015 passed by learned Judicial Magistrate, Chapra in Tr. No. 980/15 arising out of complaint case No. 709/2015, whereby learned Magistrate took cognizance for offences under Ss. 323, 504 and 406 of the Indian Penal Code against petitioner.

(2.) The complaint case No. 709/2015 leading to institution of Tr. No. 980/15 was lodged by one Lal Jharia Devi alleging interalias as follows:-

(3.) Learned counsel appearing for the petitioner submitted that implication of petitioner appears only being Branch Manager of Life Insurance Corporation (in short 'LIC'), Marhawra Branch, District- Chapra. It is submitted that the entire occurrence of abuse and assault as alleged were taken place between O.P. No. 2 and main co-accused namely, Kameshwar Ram, against whom the thrust of allegations are available, who was the agent of LIC with whom the husband of O.P. No. 2 deposited Rs.23,060.00 to deposit it further with Policy No. 537138740 of LIC. It is submitted that from the face of complaint, it can be gathered easily that no prima facie case as alleged can be gathered against petitioner for the reasons that no allegation of abuse and assault is available against petitioner. It is submitted that maximum incriminating narrations what available against this petitioner is to reply O.P. No. 2 during course of conversation that no such amount as claimed was ever deposited with this branch of LIC. It is also submitted that there is no concept of vicarious liability in criminal proceedings, where implication of petitioner appears only for his vicarious liability being manager of the Marhawra Branch of LIC. It is further submitted that amount in issue was also alleged to be deposited with co-accused, Kameshwar Ram and as such present proceeding against petitioner is liable to be quashed.