RAM PRAVESH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner, by means of this application under section 482 of the Code of Criminal Procedure, has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 15.02.2012, passed by Additional Sessions Jusdge, Gaya in Barachatti P.S. Case No. 55 of 2010 corresponding to NDPS Case No. 5 of 2012, whereby cognizance has been taken against the petitioner for the offence under section 18(b) of the N.D.P.S. Act.

(3.) The contention of the learned counsel for the petitioner is that no offence against the petitioner is disclosed and the present prosecution has been instituted with mala fide intention for the purposes of harassment. Petitioner and his villagers filed several applications (Annexures-3, 4 & 5) before the D.G.P., Bihar declare the petitioner innocent as he has been falsely implicated in the case. D.C.L.R., Sherghati also gave report (Annexure-6) to the effect that the land from where recovery has been made does not belong to the petitioner. The present case in an abuse of the process of the court, and as such, the impugned order of cognizance is fit to be quashed. Learned counsel in support of his submissions has placed reliance on a judgment of the Hon'ble Supreme Court reported in (2004) Supreme Court Cases 766.