High Court Patna High Court - Orders

Monika Bedi vs The State Of Bihar on 15 September, 2011

Patna High Court – Orders
Monika Bedi vs The State Of Bihar on 15 September, 2011
                IN THE HIGH COUR T OF JUDICATURE AT PATNA
                            Cr. Misc. No.28912 of 2011
            Monika Bedi, D/o Prem Kumar Bedi, R/o 1404-B Wingh
            Galaxy Hights, Link Road, Near Bangour Nagar Signal (above
            ICICI Bank), Goregaon West, Mumbai.
                                                        ....Petitioner.
                                       Versus
                                 The State of Bihar
                                      -----------

2 15.09.2011 Petitioner has challenged the order dated

03.01.2011 passed by Chief Judicial Magistrate, Banka in

connection with Belhar P.S. Case No.150 of 2010 whereby

and where under petitioner along with others has been

summoned to face trial for an offence punishable under

Sections 171(H) and 188 of the I.P.C.

It has been submitted on behalf of the petitioner

that neither petitioner happens to be a candidate nor she

had applied for permission. She only came in support of

the independent candidate Rajkishore Prasad @ Pappu

Yadav. Then submitted that petitioner was not aware with

the fact nor was informed by the administration that the

time allotted for propagating the candidature of Rajkishore

Prasad @ Pappu Yadav was in between 12:30 to 1:00 P.M.

and as that time elapsed, therefore, she was not permitted

to convene and attend the people. So submitted that in

absence of the aforesaid administrative lapse petitioner

cannot be held accountable. It has further been submitted

that none of the Sections where under petitioner has been

summoned is found to be applicable.

2

At the other hand the State opposed.

It is evident from own submission of the

petitioner as well as from the written report that petitioner

had landed at Project Girls High School, Belhar after the

time allotted to the candidate on whose behalf she

addressed a rally. The time slot was allotted to the

candidate on his request for enabling the petitioner to

address the rally. Admittedly, petitioner had addressed the

rally after the allotted time slot; therefore, she had violated

the order. Ignorance of law is no excuse. Therefore, it was

incumbent upon her to have inquired from candidate

whether she was within time slot allotted by the

administration. With regard to application of particular

Section, the cognizance will not command rather it will

ensue on the basis of the charge and so, for the present

petitioner should not have any grievance for having a

particular Section visualizing in the order by which she

has been summoned to face trial.

With the aforesaid finding I do not see it a fit case

to entertain the petition and is accordingly dismissed.

(Aditya Kumar Trivedi, J.)
PN