MEENA KUMARI RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application is directed against the order dated 2.8,2012 passed in Sadar P.S. case No. 308 of 2002 whereby and whereunder learned Judicial Magistrate, 1st Class, Hazaribagh rejected an application for discharge filled under Section 239 of the Code of Criminal Procedure. When the matter was came up hearing on the point of admission, question of maintainability of the application got cropped up as alternative remedy was available to the petitioner for challenging the impugned order.

(2.) HEARD Mr. Anil Kumar Sinha, learned Sr. counsel appearing for the petitioner and learned counsel appearing for the State.

(3.) IN this regard it was further submitted that the petitioner is being prosecuted for the offence under Section 409 of the Indian Penal Code on the allegation that the petitioner had kept the file illegally with him but this allegation would not constitute offence under Section 409 of the Indian Penal Code and moreover, during investigation it has come that the concerned file was lying in the office and was being handled by the other person, still the prayer for discharge has been rejected and thereby the order impugned is patently illegal. In that event, there would be no bar for the High Court to examine the legality of the order in exercise of its inherent power.