DINESH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, one of the two F.I.R. named accused of Tajpur P.S. Case No. 173 of 1999, has prayed for the quashing of the order dated 3.5.2002 passed therein by the erstwhile Chief Judicial Magistrate, Samastipur, whereby he has taken cognizance of offences under Sections 406, 420 and 468 I.P.C.

(2.) THE aforesaid case was registered on the basis of the written report submitted by the Block Supply Officer, Morwa, alleging inter alia, that the petitioner herein had collected "red cards" from 73 card holders on the pretext of getting them inspected by the competent officials but the same cards had neither been returned to the bonafide card holders nor they had been submitted for inspection by the officials. It has further' been alleged that the petitioner had subsequently written to the Sub Divisional Magistrate, Samastipur, stating about the theft of the said cards. In the opinion of the officials the alleged act of the petitioner taking the red cards and not returning them was an offence.

(3.) IN the instant case, the petitioner, notwithstanding having full knowledge that a charge sheet has been submitted against him, has chosen to abscond for over five years and continues to do so even today. IN the circumstances, no relief can be given to him. To act otherwise would be a failure and travesty of justice.