Krishna Prasad Keshari And Krishna Prasad Singh v. State Of Bihar
2007-11-29
REKHA KUMARI
body2007
DigiLaw.ai
Judgment 1. This is an application u/s. 482 of the Code of Criminal Procedure for quashing the order dated 1.7.2006 passed by the Addl. District Judge, Rosera in ST. No. 22 of 2005, whereby and whereunder the petition filed by the petitioner u/s. 227 of the Code of Criminal Procedure has been rejected. 2. Learned counsel for the petitioner has submitted that the present case has been filed by the informant-opposite party no. 2 out of vengeance. There are series of litigation and hence they have falsely implicated the petitioner in the present case. The entire prosecution is mala fide but the learned Court below did not consider all those points and rejected his petition. He also referred to Annexure-2 i.e. supervision note by the Dy.S.P., Rosera in which he opined that the case under the sections in which it has been registered does not appear to be true. He also refers to a decision of Apex Court, State of Haryana V/s. Bhajanlal & Ors., 1992 Supp1 SCC 335 in which it has been held that where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is instituted with an ulterior motive for wreaking vengeance the prosecution may be quashed. 3. From perusal of the impugned order it appears that the learned Addl. District Judge after perusing the case diary has found sufficient materials against the petitioner to frame charge. He has also referred the paragraphs in the order. A perusal of the case diary also shows that there are sufficient material therein to frame charge against him. It is to be seen at the stage of the trial that whether the allegations are false and mala fide. 4. Therefore, there appears no reason to interfere with the impugned order. The application is dismissed.