Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8329 of 2012 ====================================================== Lalan Prasad Yadav S/O Laxmi Kant Yadav Resident of Khamhauti Tola Alma, P.S.- Bakhtiyarpur, Distt.- Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Mira Devi W/O Lalit Kumar Resident Of Khamhauti, P.S.- Bakhtiarpur, Dist- Saharsa. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. H.K. Tiwary, Adv. Mr. B. Kumar, Adv. For the State : Mr. Asmat Ansari, A.P.P. For the Opposite Party No. 2: Mr. S.S. Sharma, Adv. Mr. A.K. Sinha, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4. 27-09-2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the entire proceeding including the order dated 30.6.2011 passed in Bakhtiarpur P.S. Case No. 146 of 2008 by which Chief Judicial Magistrate, Saharsa, has taken cognizance in the matter. The First Information Report has been instituted by a failed candidate to the post of Angan Bari Sevika. She alleged that certain interpolation was made by the Authorities who chose the co-accused as an Angan Bari Sevika. It has been submitted on behalf of the Petitioner that the co- accused had been selected on the guidelines laid down by the rules Patna High Court Cr.Misc. No.8329 of 2012 (4) dt.27-09-2012 2 / 2 2 governing the same and they did not commit any Criminal offence. If at all, the Informant was aggrieved, she should have approached the Tribunal especially constituted for hearing such grievance. He further submits that after due investigation, Final Report was submitted in the matter with the recommendation that the Informant be proceeded against under [STATUTE] . On the other hand, the counsel for the Complainant submits that in the First Information Report as well as during investigation, it transpired that interpolations had been made on the documents and, therefore, the prosecution should not be quashed. Having gone through the records of the case, I am clearly of the opinion that in the facts of the case, no Criminal offence whatsoever is made out against any of the accused persons. In view of such, the application is allowed and the entire proceeding including the order dated 30.6.2011 passed in Bakhtiarpur P.S. Case No. 146 of 2008 by the Chief Judicial Magistrate, Saharsa, is hereby quashed. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 211

Statute Text:
Section 211 of the Indian Penal Code. False charge of offence made with intent to injure. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.