IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52175 of 2007 LALAN PASWAN @ LALAN RAM, S/o Darogi Paswan, Resident of Village-Telari, P.S.-Rupo, Distt.-Nawada. ……..Petitioner. Versus 1. THE STATE OF BIHAR. 2. Binod Kumar, S/o Shree Shyam Sundar Prasad Singh, Resident of Village-Telari, P.S.-Rupo, Distt. Nawada. ……..Opp. Parties. ----------- 05. 19.03.2010 Heard the parties. This application has been filed for quashing the order of cognizance dated 20.09.2007 by which the Chief Judicial Magistrate, Nawada has taken cognizance for the offences under Sections 420 and 414 of the Indian Penal Code. On the last occasion the matter was heard on 14.03.2008 and the case diary was called for obviously with intent to understand the impugned order in which paragraphs 2, 3, 6, 9, 10, 14 to 19, 28, 32 and 40 have been mentioned. The case of the complainant is that food-grains for mid-day meals were lifted for distribution in Primary School, Telari but no mid-day meals were supplied there and in the meanwhile the petitioner and the co-accused, Siya Singh, Secretary of Education Samiti and the Mukhiya, Subodh Kumar loaded the grains on a tractor to sell the same. - 2 - During investigation it transpired that no doubt that the petitioner was PDS dealer in village since 1996 but he was never entrusted to lift food-grains for preparation of mid-day meals for the students of Primary School, Telari which had been entrusted to one Kishor Kumar Sinha and Shailendra Kumar. When a further inquiry was done into the matter, it was found out that the petitioner had never lifted the food-grains for the mid- day meals of Telari School and therefore a final report was submitted in the matter against the petitioner. Disagreeing with the same, the Magistrate took cognizance even though the paragraphs mentioned in the case diary there is no material to substantiate that the petitioner indulged in cheating any one or was in possession of any stolen article nor was any offence made out against the petitioner even from the materials collected in the case diary. In view of such, this application is allowed and the order dated 20.09.2007 passed by the Chief Judicial Magistrate, Nawada in Kawakole P.S. Case No. 14 of 2007 is quashed. Vikash/- (Anjana Prakash, J.) - 3 -