Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45719 of 2008 ====================================================== Shyam Kishore Singh .... .... Petitioner Versus 1. The State of Bihar 2. Sri Brajesh Kumar .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 10 22-08-2012 Heard learned counsel for the parties. This application has been filed for quashing the order dated 25.4.2008 passed by Sri Narad Pandey, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 236(C)/08 by which he has taken cognizance against the petitioner for the offences under [STATUTE] with a direction for issuance of processes/summons. Petitioner further prays for quashing the entire proceeding of the said Complaint Case. Submission of learned counsel for the petitioner is that petitioner was Director of B.I.T. Sindri, Jharkhand and no allegation at all has been made against him rather allegations are leveled against accused nos. 1 and 2. For demand of illegal amount, it is said that same was to be paid to accused no.3. Learned counsel further submits that accused no.3 namely A.K.Basu, the then Secretary, Department of Science and Patna High Court Cr.Misc. No.45719 of 2008 (10) dt.22-08-2012 2 Technology, approached this Court by filing Cr. Misc. No. 20781 of 2008 for quashing the proceeding against him including the order dated 25.4.2008 which is in question in this case also and the same is allowed by a Bench of this Court vide order dated 22.4.2011 as contained in Annexure-8 to the supplementary affidavit, in my view also case of the petitioner stands on better footing as that of said accused no.3 A.K.Basu. Taking the same into consideration, this application is allowed, entire proceeding/prosecution including order dated 25.4.2008 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 236(C)/08 for issuance of process finding a prima facie case under [STATUTE] is quashed. A.I./- (Mandhata Singh, J)

Applicable IPC Section: 166

Statute Text:
Section 166 of the Indian Penal Code. Public servant disobeying a direction of the law with intent to cause injury to any person. Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.