IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28846 of 2011
Kritya Nand Roy @ Kritya Nand Prasad Roy son of
Late Gorakh Prasad Roy, R/o village Marwa P.S. Bihpur
District Bhagalpur .........Accused/petitioner
Versus
The State Of Bihar ..................Opposite Party.
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2 06.09.2011 Heard learned counsel for the petitioner as well as
learned A.P.P on behalf of the State.
Petitioner accused Kritya Nand Tory @ Kritya Nand
Prasad Roy has preferred the instant petition under section 482
Cr.P.C. for quashing the order dated 27.07.2008 passed by the
Additional Chief Judicial Magistrate, , Naugachia in connection
with SC/ST Bhagalpur P.S. Case No. 22 of 2007, G.R. No. 515
of 2007 whereby and where-under petitioner has been summoned
to face the trial for the offence punishable under section 3 (X) of
the SC/ST (P A ) Act.
Shorn of unnecessary details, Mosmat Maya Devi
wife of late Ramji Prasad Paswan filed a written report before
Harijan Thana, Barari, Bhagalpur, against the petitioner. On the
basis of above referred written report, case was instituted on
7.6.2007 and investigation was entrusted to D.N. Saha, S.I-cum-
O.C of Barari Police Station. From annexure-4, the charge sheet,
it is evident that the case was investigated apart from above
referred D.N. Saha, S.I. & by Jai Ganesh Pathak A.S.I.
Taking into account the notification published in
official gazette on 9th August 2008 whereby and where-under the
officer below the rank of Deputy Superintendent of Police was
2
authorized to investigate the case and the enforcement of aforesaid
notification which was made to retrospective application was put
under challenge and as per decision reported in 2011 (2) B.B.C.J
420 has been held to be prospective in application that means
to say from the date of publication of notification in the official
gazette , i.e. 9th August 2008.
Learned counsel for the petitioner as well as the
learned A.P.P. fairly conceded on this score. Consequent
thereupon no room is left for any hitch further more, as admittedly
after registration of case on 7.6.2007 it was investigated by the
police officer not found competent to be. The order impugned in
the aforesaid background is found to be illegal and is accordingly
quashed.
Instant criminal miscellaneous petition stands allowed.
(Aditya Kumar Trivedi, J)
M.Rahman