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: 182

Statute Text:
Section 182 of the Indian Penal Code. Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant: to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.