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Manoj Kumar Sah (Mukhiya) vs State Of Bihar & Anr on 5 August, 2011

Patna High Court – Orders
Manoj Kumar Sah (Mukhiya) vs State Of Bihar & Anr on 5 August, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CR.MISC. NO.47847 OF 2008
MANOJ KUMAR SAH (MUKHIYA), SON OF KRISHNALAL SAH, RESIDENT OF
VILLAGE SIURA, POLICE STATION PATORI, DISTRICT SAMASTIPUR
                               VERSUS
   1. THE STATE OF BIHAR
   2. SANJAY SHARMA, SON OF LATE SURYA NARAYAN SHARMA, RESIDENT
      OF VILLAGE BASUDEOPUR, POLICE STATION MANGAL BAZAR,
      DISTRICT MUNGER. AT PRESENT POSTED AS ANCHALADHIKARI,
      PATORI BLOCK, DISTRICT SAMASTIPUR
                              ***********

FOR THE PETITIONER :- MR. RANJAN KUMAR, ADVOCATE
FOR THE S T A T E :- MR. A. M. P. MEHTA, A.P.P.

********

2 05/08/2011 Heard Counsel for the petitioner and the

A.P.P. appearing on behalf of the State.

This application has been filed challenging

the order dated 12.05.2008 passed in Patori Police

Station Case No. 158 of 2007 (Trial No. 2970 of 2008)

by which the Judicial Magistrate, 1st Class, has taken

cognizance for the offences alleged to have been

committed under Sections 406, 420, 467, 468 and 471

of the Indian Penal Code.

It has been submitted on behalf of the

petitioner that the petitioner had filed a case against

Sanjay Sharma, which is Complaint Case No. 1312 of

2007. In retaliation, the present case has been filed on

08.10.2007 alleging that there is illegality in the

distribution of the food grains to the flood affected

persons. Both persons are and were Mukhiyas and are

close contenders. It is submitted that the present case
2

is vexatious and untrue.

These aspects of the matter may be raised by

the petitioner at the appropriate stage of the case.

This application is disposed of with the

aforesaid observation.

Anand                                       ( Sheema Ali Khan, J.)
 

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