SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 Cr.PC has been filed to quash the Order of cognizance dated, 13th June, 2005 passed by C.J.M., Patna in Kotwali RS. Case No. 436 of 2002 thereby cognizance under Sec. 3 of Prevention of Damage of Public Property Act, 1984 has been taken against this Petitioner and others.

(2.) HEARD the learned Counsel for the Petitioner as well as the learned Counsel for the State.

(3.) IT is submitted on behalf of the learned Counsel that prosecution of the Petitioner under the above provision of Prevention of Damage of Public Property Act, 1984 is misuse of process of the Court. No case is made out under Sec. 3 of the said Act of 1984. No mischief was committed nor any damage was done to any public property. It is further submitted that this Petitioner was not responsible for display of banner and poster as it was entrusted to local advertising agency. The advertising agency was responsible for display of banners and posters and not this Petitioner who is a Director of the NUT.