Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15251 of 2009 ==================================================== Raj Kumar @ Raj Kr. Bind, son of late Jugeshwar Bind, resident of village-Kurmiya Bigha, P.S.- Hilsa, District- Nalanda .... .... Petitioner/s Versus 1. The State of Bihar, 2. Anil Kumar son of Late Baleshwar Prasad, resident of village-Indaut, P.S.-Hilsa, District-Nalanda, 3. Narendra Kumar son of late Lakhan Prasad, Block Development Officer, Hilsa (Election Officer, Hilsa on 10.05.2001) resident of Dalanichak, P.S.-Daniyawan, District- Patna, (Case stood rejected against him for non-compliance of the order dated 08.04.2011) 4. Shashi Bhushan Rai, son of not known, Teacher at High School, Noorsarai (Counting Supervisor at Hilsa on 10.05.2001), P.S.- Noorsarai, District- Nalanda, (Case stood rejected against him for non-compliance of the order dated 08.04.2011) 5. Arbind Sharma son of not known, Teacher, High School, Ajaipur, P.S.-Dahpar, District- Nalanda (Counting Assistant at Hilsa on 10.05.2001) & 6. Arun Kumar son of not known, Teacher High School, Belsar Nirpur, P.S.-Noorsarai, District- Nalanda (Counting Assistant Hilsa on 10.05.2001). (Case stood rejected against him for non-compliance of the order dated 08.04.2011) .... .... Opposite Party/s ==================================================== Appearance : For the Petitioner/s : Mr. Sunil Prasad, Advocate For the Opposite Party No.5 : Mr. Sandeep Kumar, Advocate For the State : APP =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4/ 24-04-2012 Heard the parties. The Petitioner seeks quashing of the entire proceeding including the order dated 18.04.2008 passed in Hilsa P.S. Case No.147 of 2005 by the Additional Chief Judicial Magistrate, Hilsa, by which he has taken cognizance under [STATUTE] . The case of the prosecution is that when the Panchayat Election of Indaut Gram Panchayat was held in the year 2001, the Petitioner was a candidate of Mukhiya and after counting of votes he was declared winner. However, it was found Patna High Court Cr.Misc. No.15251 of 2009 (4) dt.24-04-2012 2 / 2 2 that twenty votes and the certificate were fabricated to give the Petitioner undue advantage. It has been submitted on behalf of the Petitioner that the informant was also a candidate of Mukhiya and after he lost he filed Election Case No. 7 of 2001 before the Munsif, Hilsa, Nalanda, on the ground that 33 votes have wrongly been counted in favour of the Petitioner. Judgment was passed in the said case allowing the same on 25.04.2005. After the decree in the Election Case, the present complaint was filed alleging that the Petitioner had manufactured the votes and the certificate. It has been submitted that there is absolutely no material to substantiate that it was the Petitioner, who had manipulated the accounting of votes in his favour or that he had manufactured the same. Notices were issued to Opposite Parties No. 2 to 6. The Opposite Party No.2 was the informant of the case, who despite receipt of the notice has chosen not to appear before this Court. After having gone through the First Information Report/Complaint and the background facts of the case, I am inclined to hold that the present proceeding being devoid of any foundational facts is fit to be set aside since it is a sheer abuse of the process of the Court. Holding thus, entire proceeding including the order dated 18.04.2008 passed in Hilsa P.S. Case No.147 of 2005 by the Additional Chief Judicial Magistrate, Hilsa, in regard to the Petitioner alone is hereby quashed. Application stands allowed. JA/- (Anjana Prakash, J)

Applicable IPC Section: 167

Statute Text:
Section 167 of the Indian Penal Code. Public servant framing an incorrect document with intent to cause injury. Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.