Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29127 of 2009 ====================================================== Mamta Verma, wife of Arun Kumar Sinha, Child Development Project Officer, Lakhisarai, P.S. Lakhisarai, Distt. Lakhisarai .... .... Petitioner/s Versus 1. The State of Bihar 2. Basudeo Yadav, son of late Kailu Yadav, resident of Jai Nagar Bari Kawaiya, Ward No. 32, Lakhisarai, P.S. Lakhisarai, Distt. Lakhisarai. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Shankar Srivastava, Adv. For the State : Mr. Manish Kumar No. 2, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 5. 24-04-2012 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 27.3.2009 passed in Complaint Case No. 553 C of 2008 by the Judicial Magistrate, 1st Class, Lakhisarai, by which he has taken cognizance under [STATUTE] . The case of the Complainant is that on 17.10.2008 at about 11.00 A.M. the petitioner along with other accused persons suddenly came into his house and introduced herself that she had come to make enquiries about Angan Bari Centre. The Complainant replied that it was his house but no Angan Bari Centre was running there and, therefore, she should not have entered into his house. At his obstruction, the petitioner allegedly Patna High Court Cr.Misc. No.29127 of 2009 (5) dt.24-04-2012 2 / 4 2 got angry and pulled him out of the house and attempted to push him on her vehicle and, thereafter, proceeded to commit theft of 500/- rupees from his pocket. The present Complaint was filed on 24.11.2008. It has been submitted on behalf of the petitioner that the petitioner was the C.D.P.O. of Lakhisarai and after the District Magistrate, Lakhisarai, had received certain Complaints about the working of Angan Bari Centre she was directed to submit a report in its regard. The petitioner made an enquiry on 9.7.2008 of Angan Bari Centre situate in Ward No. 32 and found the Centre closed. On verification, the existence of the Centre was doubtful as also that the mid-day meals were not being cooked nor distributed there. She submitted such a report before the District Magistrate, Lakhisarai on 23.7.2008 for appropriate action against the person concerned. On 18.10.2008, the petitioner submitted a report before the Officer-in-Charge, Lakhisarai, alleging therein that on 17.10.2008, Ajay Kumar Yadav, husband of Sewika Bandana Kumari of Jai Nagar, Bari Kaiwaya, came into her Chambers and threatened her with dire consequence. On the basis of the report with regard to the Centre of Bandana Kumari was closed and her appointment was cancelled with effect from 9.7.2008. Patna High Court Cr.Misc. No.29127 of 2009 (5) dt.24-04-2012 3 / 4 3 The present Complaint has been instituted at the instance of Sewika Bandana Kumari, wife of Ajay Kumar Yadav. The said Ajay Kumar Yadav also filed Complaint Case No. 468C of 2008 on 8.9.2008 alleging therein that the petitioner had committed factual errors while submitting the report before the District Magistrate, Lakhisarai. The submission of the petitioner is that undoubtedly, she had gone in exercise of her official duties and, therefore, she was protected under Section 197 Cr. P.C. The present Complaint has been filed only with a view to harass her since she gave an unfavourable report against the Angan Bari Centres in Ward No. 32. The further submission is that the allegations against the petitioners are not only absurd but also imaginary and unreliable. On the other hand, the counsel for the Complainant submits that the petitioner had acted in a high handed manner with him and, therefore, she should be prosecuted. Having gone through the Complaint petition and the supporting documents, I am inclined to hold that on the face of it, the Complaint appears not only absurd but is also an abuse of the process of the Court. In view of such, the application is allowed and the Patna High Court Cr.Misc. No.29127 of 2009 (5) dt.24-04-2012 4 / 4 4 entire proceeding including the order dated 27.3.2009 passed in Complaint Case No. 553 C of 2008 by the Judicial Magistrate, 1st Class, Lakhisarai, is hereby quashed. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 448

Statute Text:
Section 448 of the Indian Penal Code. House-trespass. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.