SUSHMA SINHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ramakant Sharma, learned Senior Counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State.

(2.) The petitioner has invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure (for short ‘CrPC’) for quashing of the order dated 17th Sept., 2012 passed by the learned Judicial Magistrate, 1st Class, Hilsa, Nalanda in G.R. Case No. 17 of 2008, arising out of Hilsa P.S. Case No. 09 of 2008, registered under Sections 467, 468 and 420 of the Indian Penal Code (for short ‘IPC’), whereby the discharge petition filed by the petitioner under Sec. 239 of the Crimial P.C. has been rejected.

(3.) The prosecution case according to the first information report instituted on the basis of written report of one Arun Kumar, Block Welfare Officer, Hilsa is that on the complain of one Anju Kumari against selection of Anganbari Sevika of Ravidas Tola under Ward No.10, an enquiry was conducted by the Sub Divisional Officer, Hilsa, who gave his report to the District Magistrate, Nalanda on 06.08.2007 in which he found that the selected Anganbari Sevika of Ravidas Tola did not belong to the Posak Kshetra, which is contrary to Clause-3(C) of the guidelines issued by the Director of Integrated Child Development Service (for short ‘ICDS’). It is alleged in the enquiry report dated 06.08.2007 of Sub Divisional Officer, Hilsa that the name of the selected Aanganbari Sevika of Ravidas Tola did not find place in the merit list prepared on the basis of Maping Register. Hence, the Sub Divisional Officer, Hilsa had recommended for cancellation of appointment of selected Aanganbari Sevika and taking action in accordance with rules against the Chairman of the Selection Committee and others.