Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9491 of 2012 ====================================================== 1. Ramjee Prasad S/O Late Hira Lal Seth R/O Sasaram Road, Ward No.3, Dhibra, Tenduri, Bikramganj, P.S.- Bikramganj, District- Rohtas .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Secretary, Panchayat Raj, Government Of Bihar, Patna 3. The State Election Commissioner State Election Commission, Bihar, Patna 4. The Secretary State Election Commission, Bihar, Patna 5. The District Election Officer (Nagarpalika)-Cum-The District Magistrate, Rohtas 6. The Returning Officer Nagarpalika Aam Nirwachan-2012 Cum Sub Divisional Officer, Bikramganj, District- Rohtas .... .... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Birju Prasad, Advocate For the State : Mr. S.K. Singh, A.C. to A.A.G. 2 For Res. Nos. 3 to 6 : Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER 3 15-05-2012 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State Election Commission. The petitioner is aggrieved by Annexure-4 which is an order passed by the Returning Officer-cum-Sub-Divisional Officer, Bikramganj on 5.5.2012 rejecting the nomination of the petitioner. The ground for rejection is that the petitioner is supposedly an accused in Dawat P.S. Case No. 5 of 2012 lodged on 2.2.2012 under [STATUTE] and 47A of the Excise Act. Patna High Court CWJC No.9491 of 2012 (3) dt.15-05-2012 2 / 3 2 Learned counsel for the petitioner produced before this Court the copy of the First Information Report, the supervision report, the charge sheet which indicate that the petitioner is not named in the First Information Report or the prosecution report. It has been specifically stated that there is no order of cognizance much less has the Court framed charges against this petitioner in the aforesaid case. The nomination paper requires that the petitioner should disclose if there are any criminal cases in which charges have been framed or cognizance has been taken before the Returning Officer. The petitioner rightly has left this column blank as not applicable. Under the facts as mentioned above, this Court finds that the order of the Returning Officer- cum-Sub-Divisional Officer, Bikramganj is illegal, de hors of the law and is, therefore, set aside by this Court. This Court also directs the State Election Commission to take action against the Sub-Divisional Officer who passed the order without application of mind and apparently for some extraneous considerations or else it is not expected that such an order would be passed by the Sub-Divisional Officer, Bikramganj. This Court may note that on the basis of order dated 5.5.2012, a criminal case has been instituted against the petitioner Patna High Court CWJC No.9491 of 2012 (3) dt.15-05-2012 3 / 3 3 for allegedly suppressing facts in the nomination paper. The said First Information Report is marked as Annexure-8. Obviously since the First Information Report has instituted on baseless allegations which are not true and substantiated by documents, this Court directs that the informant i.e. the Sub-Divisional Officer, Bikramganj or the concerned authority who has lodged the First Information Report should withdraw it by filing an application before the Court concerned within a period of one month on receipt of a copy of this order. In the result, annexure-4 is quashed. This writ application is allowed. The petitioner would be at liberty to canvass for his election on the same symbol, if available. The petitioner does not have the liberty to plead that he did not have sufficient time to contest the election. Sanjay/- (Sheema Ali Khan, J.)

Applicable IPC Section: 223

Statute Text:
Section 223 of the Indian Penal Code. Escape from confinement negligently suffered by a public servant. Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.