PRAKASH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Y.V. Giri, learned Senior Advocate for the petitioner and Mr. Parmeshwar Mehta, learned Additional Public Prosecutor for the State.

(2.) The present application under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') has been filed for quashing the order dated 08.04.2010 passed by the learned Additional Chief Judicial Magistrate, Bettiah by which cognizance has been taken of the offences punishable under Sections 188, 171-F, 171-H/34 of the Indian Penal Code (for short 'IPC') and section 123 of the Representation of The People Act (for short 'R.P. Act') in Bettiah Town P.S. Case No.94 of 2009 registered on 22.04.2009.

(3.) Brief facts leading to filing of the first information report are that the petitioner was a candidate contesting Lok Sabha Election, 2009 on Lok Janshakti Party symbol from West Champaran constituency. The opposite party no.4, Sub-divisional Officer, Bettiah Sadar has alleged in his written report submitted to the Officer-in-charge of the police station that he received secret information in respect of bribing voters by the petitioner in the West Champaran Lok Sabha constituency. Thereafter, he himself together with the police party raided rented house of the petitioner situated at Supriya Road at 11:45 p.m. on 24.04.2009. In the said raid, the police party found altogether 38 persons present inside the house. An amount to the tune of Rs. 10,25,350/- kept in two bags in one of the rooms of the said premises was recovered. On inquiry, no satisfactory answer regarding possession of huge amount was given by the occupants of the premises. It is stated that a seizure memo was prepared and the amount was deposited with the Officer-in-charge of the Bettiah Town Police Station. It is also stated that at the time of raid, the petitioner was not present in the said premises.