IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21611 of 2012 ========================================================= Shekhar Suman S/O Late Dr. Fani Bhushan Prasad R/O Rajendra Nagar, P.S. Kadam Kuan, District - Patna, Presently Residing At Flat No. C - 20, Oberoi Sky Garden, Behind Lokhand Wala Complex, Near Joggers Park, Mumbai .... .... Petitioner/s
The State Of Bihar
.... .... Opposite Party/s
========================================================= Appearance :
For the Petitioner/s : Mr. Satyavrat Verma, Adv. For the State : Mr. Parma Nand Prasad, A.P.P. ========================================================= CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT
Anjana Prakash, J: Heard learned counsel for the Petitioner and the State.
2. The Petitioner seeks quashing of the entire proceeding including the order dated 15.6.2009 passed by the Chief Judicial Magistrate, Patna, in connection with Pirbahor P.S. Case No. 153 of 2009 by which he has taken cognizance under Sections 188 and 171(f) Indian Penal Code.
3. The prosecution case is that the Petitioner was a Lok Sabha Contestant and during course of campaigning, he was accosted by the Informant and asked as to whether he has sought permission for campaigning. On his negative answer, the present case was instituted.
4. It has been submitted on behalf of the Petitioner that in the facts of the case no offence under Sections 188 or 171(f) Indian Penal Code is made out, since there is no allegation that the Petitioner Patna High Court Cr.Misc. No.21611 of 2012 dt.01-08-2012 2 was in any way unduly influencing the voters. The only allegation is that he was leading a public march which may have been against the Code of conduct prevailing during Election time.
5. The counsel for the State contests the aforesaid submissions.
6. Having gone through the prosecution case and the relevant provision, I am inclined to allow the application.
7. The application is allowed and the entire proceeding including the order dated 15.6.2009 passed by the Chief Judicial Magistrate, Patna, in connection with Pirbahor P.S. Case No. 153 of 2009 is hereby quashed.
(Anjana Prakash, J.)
Patna High Court, Patna
Dated the 1st August,2012