RADHE SHYAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure (for short 'the Cr.P.C.') has been filed by the petitioner for quashing of the order dated 05.09.2016 passed by the learned Judicial Magistrate, Ist Class, Patna in Rajiv Nagar P.S. Case No.45 of 2016 by which cognizance of the offences punishable under Sections 420, 467, 406, 468 and 471 read with 34 of the Indian Penal Code (for short 'the IPC') and Section 3 of the Prevention of Damage to Public Property Act, 1984 has been taken and the petitioner has been summoned.

(2.) The informant Saurabh Kant, Executive Engineer of the Camp Office, Bihar State Housing Board, Patna submitted his written complaint to the Station House Officer, Rajiv Nagar Police Station, Patna on 17.02.2016 pursuant to which a police case was registered and investigation was taken up. It is alleged in the complaint that while the team of Bihar State Housing Board (for short 'BSHB') visited Digha Ashiana Road near Bajrang Vihar Colony it was noticed that accused persons including the petitioner were engaged in erecting boundary wall and even piling work was being conducted on the land acquired by the BSHB. It was also noticed that construction of lintel work and plinth beam was also going on in the area near Ghurdaur Road.

(3.) On the basis of the allegation made by the informant Rajiv Nagar P.S. Case No.45 of 2016 was instituted against the petitioner and others and investigation was taken up.