KASHI NATH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the entire criminal proceeding arising out of begusarai Town P. S. case No. 274 of 2000 dated 16. 9. 2000 registered under Sections 406/490/467/468/471/34 of the Indian Penal code.

(2.) BEFORE giving the facts of the case it may be mentioned that petitioner filed Cr. Misc. No. 32733 of 2001 which was dismissed for non-prosecution on 24. 5. 2002. The petitioner has filed a fresh application for quashing on 14. 10. 2003 vide Cr. Misc. No. 28734 of 2003. This application was also dismissed for non-prosecution by order of this Court dated 6. 5. 2003. The petitioner filed a restoration application vide Cr. Misc. No. 18504 of 2004 which was restored on 12. 7. 2004. Accordingly, this matter is now being finally disposed of.

(3.) THE petitioner is an advocate of the high Court and he is seeking for quashing of the aforesaid criminal proceeding on the ground that after investigation by the Central Bureau of investigation for the said offence final form was submitted and he was not sent up for trial in R. R. case No. 36 (S)/ 1996. The contentions raised by Mr. Sunil kumar Singh, learned counsel appearing for the petitioner are two folds.