HALDHAR PRASAD MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the order dated 20.9.1997 passed by learned 7th Additional Sessions Judge, Nalanda at Biharsharif in S.Tr. No. 427/95 whereby and whereunder the petitioner has been summoned under Section 319 of the Code to face trial.

(2.) THE prosecution case, in short, is that informant's father Sri Upendra Kumar Pandey was Cashier in the office of Urban Electric Supply Division No. 2, Biharsharif. In the morning of 3.7.1995 at about 9.00 AM he left home for going to office. At about 2.00 AM on the same day some employees of the department came to the residence of the informant in search of informant's father Upendra Kumar Pandey on the plea that Shri Pandey has not come to office and for that reason the salary is not being paid to the employees. Informant's brother Shailendra Kumar Pandey told him that on 3.7.1995 at about 11 AM he had seen his father going on Rajdoot Motorcycle with Rajendra Prasad, an employee of the office. THE informant tried to meet Rajendra Prasad but could not meet him. On 5., .1995 at about 8 AM the dead body of informant's father was found in a well situated near Khandak Mor from which the same was taken out. On the basis of fardbeyan of the informant, the Police registered Biharsharif P.S. Case No. 201/95 on 5.7.1995 and took up investigation and after concluding the same submitted charge sheet against Rajendra Prasad and Sheo Gope. After cognizance the case of these two accused was committed to the court of Session where charge was framed and after examination of 11 witnesses a petition was filed on behalf of informant to summon petitioner Haldhar Prasad Mehta, the then Executive Engineer, Electricity Supply and Laxmi Prasad, the then S.D.O. Electricity Supply as accused to face the trial alongwith the accused persons. Learned Additional Sessions Judge by the impugned order dated 20.9.1997 allowed the prayer against which petitioner Haldhar Prasad Mehta has filed the present application for quashing.

(3.) AS pointed out by learned counsel that law on this point is well settled unless the court is hopeful that there is reasonable prospect of the case ending in conviction for the offence concerned power under Section 319 of the Code would not be exercised.