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.
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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
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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.)