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Raj Mangal Ram vs The State Of Bihar on 12 July, 2011

Patna High Court – Orders
Raj Mangal Ram vs The State Of Bihar on 12 July, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellanious No.35101 of 2008
                 ======================================================

Raj Mangal Ram, Son of Late Ram Govind Ram, Resident of Village and
P.O. Barhi Jagdish, PS Purnahia, District Sheohar, then District Transport
Officer, Motihari.

…. …. Petitioner/s
Versus
The State Of Bihar
…. …. Opposite Party/s
======================================================

2 12-07-2011 Learned counsel for the petitioner submits that the

order of cognizance 7.7.2007, passed by the Chief Judicial

Magistrate, East Champaran at Motihari in Chhatauni PS Case No.

05 of 2006 is bad on two grounds. Firstly, it is submitted that the

petitioner is the District Transport Officer and while he was

performing his duty, he intercepted the informant who fled away

and lodged this case. It is submitted that the Court below could

not take cognizance of the offences alleged in view of the facts

that the petitioner is a Government servant.

The question of sanction would need to be considered

along with the merit of the case. The Sessions Judge, East

Champaran is directed to post both the cases i.e. Chhatauni PS

Case No. 05 of 2006 and Chhatauni PS Case No. 05 of 2006 to be

heard side by side, if possible. The question of sanction may be

raised by the petitioner at the stage of framing of charges as by

then the entire facts would be before the Court considering the
matter.

For the present, this Court cannot intervene in the

order impugned in view of the fact that there is a prima facie case

against the petitioner.

This application is disposed of with the aforesaid

observation.

( Sheema Ali Khan, J)

Sanjay

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