PUSHPA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anl Kumar Singh, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State.

(2.) The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") for quashing of the order dated 22.02.2017 passed by the learned Additional Chief Judicial Magistrate, 1st , Hilsa, Nalanda in Hilsa P. S. Case No. 09 of 2008 corresponding to G. R. No. 17 of 2008 registered under Sections 467, 468 and 420 of the Indian Penal Code (for short "IPC"), whereby the application for discharge filed by the petitioner under Section 239 of the Cr.P.C. has been rejected.

(3.) The prosecution case, according to the first information report instituted on the basis of written report of one Arun Kumar, Block Welfare Officer, Hilsa, is that on the complaint of one Anju Kumari against selection of Anganbari Sevika of Ravidas Tola under Ward No.10, an enquiry was conducted by the Sub Divisional Officer, Hilsa. He gave his report to the District Magistrate, Nalanda on 06.08.2007 in which he found that the selected Anganbari Sevika of Ravidas Tola did not belong to the Posak Kshetra, hence, her selection was contrary to Clause- 3(C) of the guidelines issued by the Director of Integrated Child Development Service (for short "ICDS").