IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14232 of 2009
RAM UCHIT SAH, S/O Prabhu Lal Sah, Resident of Village Raipur, P.S. Ujiarpur, District
Samastipur.
……….Petitioner
Versus
THE STATE OF BIHAR
………Opposite Party
For the Petitioner : Mr. Manoj Kumar Singh, Advocate
Mr. Dlip Kumar Roy, Advocate
For the State : Mr. U.S.P. Singh, A.P.P.
04/- 26-10-2010 Heard learned counsel for the petitioner and Additional
Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to make
necessary correction regarding opposite party no. 3
This is an application under Section 482 of the Code of
Criminal Procedure seeking quashing of order dated 24.07.2008
passed by Additional Chief Judicial Magistrate, Dalsingsarai in
Ujiarpur P.S. Case No. 151 of 2004 taking cognizance for the offences
under Section 409, 420 and 120B of the Indian Penal Code.
It is pointed out that the case was instituted against the
petitioner and others with an allegation that they have released Rs.
15,000/- for construction of community hall, but when the scheme was
recalled, in spite of notice money was not been returned rather some
act towards construction was done on a school land. The police after
investigation submitted final form stating therein that the case is of
mistake of fact and the contractor earlier has already deposited the
money taken in advance.
-2-
From the impugned order it appears that court below found
deposit of money in account no. 1640 running in the Shetriya Gramin
Bank, but the account was in the name of contractor whereas fact is
altogether different. The aforesaid account runs in the name of Gram
Panchayat, where in Rs. 2,000/- was deposited on 4.11.2004 vide
Annexure-3 and earlier vide Annexure-2 Rs. 13,000/- appears
deposited in cash on 06.03.2004 (Annexure-2). Both the deposits find
mentioned in the account book of the Gram Panchayat. On basis of all
such materials couple with finding of the court below that there was
no material against either of the accused. Learned Additional Public
Prosecutor fairly concedes that no case is made out against the
accused persons.
Accordingly, the impugned order is hereby quashed and this
petition stands allowed at this stage.
Praveen (Akhilesh Chandra, J.)