HEMCHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN the instant writ petition, the petitioner prays for quashing the entire proceedings/criminal prosecution in Madhepura Police Station Case No. 260 of 2006 dated 16.10.2006 arising out of complaint Case No. 638 of 2006 dated 13.10.2006. The prosecution case in short is that in the financial year 2005 -06 a Health Mela was organized from 29.1.2006 to 31.1.2006 in the premises of BNM Stadium chaired by the petitioner. It has been alleged that all the accused persons in conspiracy with each other has embezzled about five lakhs rupees on purchase of medicines.

(3.) THE petitioner submits that the prosecution is malicious and it has been launched against him and two others, namely, Sri Ganeshi Ram Raman, the DDC and Sri Devendra Kumar, the then Civil Surgeon -cum -Chief Medical Officer, Madhepura on the allegations of one private person, namely, Angad Yadav, resident of Laxmipur, Madhepura. The aforesaid Angad Yadav initially filed a complaint under Sections 409, 420, 467, 468, 471 and 120B of the I.P.C. before Chief Judicial Magistrate, Madhepura.