IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13446 of 2010
CHANDAN MAULESHWAR S/O LATE RAM NARESH PATHAK R/O VILLAGE
BAJITPUR, P.S. BIKRAM, DISTRICT- PATNA
.................. Petitioner
Versus
THE STATE OF BIHAR
............. Opposite Party
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2. 13.12.2010 Heard the parties.
The petitioner has sought quashing of the order
dated 23.7.2008 passed by S.D.J.M., Sheohar, by which he has
taken cognizance under Section 419,420, 120(B), 467 and 468
of the I.P.C. in connection with Sheohar P.S. Case no. 61/03.
It has been submitted that the petitioner did not
commit any illegality but had merely committed irregularity and
in the facts of the case no criminal offence is made out since
there was no mens rea. He further submits that petitioner was
awarded minor punishment for such irregularity in a
departmental inquiry and, therefore, he has been sufficiently
dealt with.
It has also transpired that the account holders
have already been compensated the loss caused by the
petitioner. However, at this stage, I am not in a position to
appreciate such finer aspects of the case.
In view of such, this application is disposed of
with a direction to the Trial Court to expedite the hearing and
conclude the trial within a period of 6 months.
Fahad. ( Anjana Prakash, J. )