IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellanious No.35101 of 2008
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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
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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
