Kalayan Kishore Purnendu v. The State Of Bihar & Ors.

petition can be disposed of on admission stage itself. This petition u/S 482 of the Cr.P.C. has been filed by the petitioner for quashing the order dated 26-07-2011 passed by learned Additional Session Judge (Fast Track Court No.-III ), Khagaria in Sessions Case No. 481 of 2010 by which and whereunder, he rejected the discharge petition filed on behalf of the petitioner and directed the petitioner to appear before him for framing of the charge under Sections-269, 328, 420/34 of the Indian Penal Code. Patna High Court Cr.Misc. No.34224 of 2011 (4) dt.24-01-2013 The brief fact of the case, which leads to file this quashing petition is that Opposite party No. 2 namely, Sanjay Kumar, Sub Divisionjal Education Officer, Khagaria gave a written report to Officer-in-charge of Mansi Police Station stating therein that as per order of District Education Officer, Khagaria, Secretary of Maya Tetar Lok Seva Sansthan, Baltara, Khagaria was authorized to supply mid-day-meal amongst the schools situated under Mansi block and Praful Kumar, the Secretary of aforesaid organization, took the assistance of the petitioner in supply of mid-day-meal to the above-said schools. Furthermore, Opposite party No. 2 stated in its written report that on 15-02- 2008, poisonous food was supplied amongst the children, as a result of which, the conditions of some children started deteriorating and they were admitted in hospital. On the basis of aforesaid written report, Mansi P.S. Case No. 11 of 2008 under Sections-269, 328, 420/34 of the Indian Penal Code was registered and, accordingly, formal FIR was drawn against the petitioner and aforesaid Praful Kumar for the offences under Sections-269, 328, 420/34 of the Indian Penal Code. After due investigation, police submitted charge sheet against the petitioner and aforesaid Praful Kumar and the case was committed to the court of sessions, in usual way. Patna High Court Cr.Misc. No.34224 of 2011 (4) dt.24-01-2013 The petitioner filed a discharge petition before the court of Additional Session Judge (Fast Track Court No.-III ), Khagaria but his discharge petition was rejected by the learned Additional Session Judge (Fast Track Court No.-III ), Khagaria passing impugned order dated 26-07-2011 against which, this quashing petition has been filed. Learned counsel for the petitioner submits according to prosecution case itself, the District Superintendent of Education, Khagaria allotted the work of supply of mid-day-meal to Praful Kumar, who happens to be secretary of Maya Tetar Lok Seva Sansthan, Baltara, Khagaria and the aforesaid Praful Kumar took the assistance of the petitioner in connection with the aforesaid work. He further submits that after the incident dated 15- 02-2008, the District Superintendent of Education, Khagaria directed the Block Education Officer-cum-in charge of mid-day- meal to lodge FIR against the aforesaid Praful Kumar who happens to be Secretary of Maya Tetar Lok Seva Sansthan, Baltara, Khagaria but Sub Divisional Education Officer lodged the above-said case against the petitioner also. To fortify his contention, he drew my attention towards Annexure-2 which is Photostat copy of office order of District Superintend of Education, Khagaria. Learned counsel for the petitioner further Patna High Court Cr.Misc. No.34224 of 2011 (4) dt.24-01-2013 submits that when cognizance in Mansi P.S. Case No. 11 of 2008 was taken, the above-said Praful Kumar, the secretary of Maya Tetar Lok Seva Sansthan, Baltara, Khagaria filed Cr. Misc. case before this court for quashing his prosecution which was dismissed by this court against which, he preferred Special Leave Petition No. 10158 of 20090 before the Hon’ble Supreme Court and the aforesaid Special Leave Petition was disposed of by Hon’ble Supreme Court quashing the prosecution of above-said Praful Kumar with condition that the aforesaid Praful Kumar shall deposit Rs 20,000/- per child for 19 children in trial court within four weeks. He drew my attention towards Annexure-5 to this petition in support of the above-said contention. He further submits that in compliance of the order of Apex Court, the aforesaid Praful Kumar deposited the amount, in question, in trial court and, accordingly, the above-said proceeding was dropped against him by learned Chief Judicial Magistrate, Khagaria vide his order dated 22-11-2010. In the aforesaid background, learned counsel for the petitioner submits that when the proceeding of Mansi P.S. Case No. 11 of 2008 has already been dropped against the main accused, the continuance of the prosecution of the petitioner is nothing but only an abuse of the process of the court. On the other hand, learned counsel appearing for Patna High Court Cr.Misc. No.34224 of 2011 (4) dt.24-01-2013 Opposite party No. 2 submits that while quashing the proceeding of the aforesaid case against Praful Kumar, the Hon’ble Supreme Court did not think it proper to quash the proceeding of the petitioner and, therefore, the petitioner can not take any help from the order of Hon’ble Apex Court. Admittedly, the work in question, was allotted to co- accused, Praful Kumar who happens to be Secretary of Maya Tetar Lok Seva Sansthan, Baltara, Khagaria and Annexure-1 to this petition reveals that the petitioner had no concern with the aforesaid organization and it is not the prosecution case that the petitioner was a member of aforesaid organization and it is also not the prosecution case that the petitioner was a member of aforesaid organization rather it is only stated that main accused, Praful Kumar had taken services of the petitioner in supply of the mid-day-meal. So, in my view, when main accused Praful Kumar has already been exonerated from this case, the continuance of the prosecution of the petitioner is nothing but only an abuse of the process of the court. On the basis of aforesaid discussions, this petition is allowed and, accordingly, impugned order dated 26-07-2011 passed by learned Additional Session Judge (Fast Track Court No.-III ), Khagaria in Sessions Trial No. 481 of 2010 is, hereby, Patna High Court Cr.Misc. No.34224 of 2011 (4) dt.24-01-2013 quashed and , accordingly, the petitioner is discharged from the above-said case. In the aforesaid manner, this petition stands disposed of. A.K.V./- (Hemant Kumar Srivastava, J)