JANARDAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the petitioner and the counsel appearing for the State.

(2.) This application has been filed by the petitioner for quashing the order dated 30.6.2001 whereby cognizance has been taken by CJM, Muzaffarpur against the petitioner under Sections 323, 341 of the IPC and Sections 3(1)(10) of S.C. & ST. (Prevention of Atrocities) Act in Mithanpura RS. Case No. 41/2000.

(3.) Counsel for the petitioner has challenged the impugned order on two grounds. Firstly, the cognizance has been taken without obtaining sanction for prosecution by the competent authority. Allegation against the petitioner has been made while he was discharging this official duty. Allegation against the petitioner has been made with regard to his act relating to discharge of official duty at Zila School, Muzaffarpur. Secondly, it has been submitted that the prosecution is a malicious prosecution. Charge-sheet has been submitted in this case at the instance of some influential person. Though, in the entire case diary, not a single witness has supported the prosecution case, hence, it is case of no evidence. Counsel for the petitioner also submits that in respect of the same allegation, a departmental proceeding has been initiated in which he has been exonerated from the charges.