IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37245 of 2007 ANJANI KUMAR JAIN, Mukhiya, Gram Panchayat Raj, Paraw Tola, under Lauriya Block, P.S. Lauriya, district- West Champaran ...Petitioner Versus 1. THE STATE OF BIHAR 2. Sri Binalak Pandey, s/o not known, Block Education Extension Officer, Lauriya, P.S.+ Block + P.O. Lauriya, District- West Champaran ...OP ----------- 5/ 29.01.2010 Heard learned counsel for the parties. The petitioner seeks quashing of the entire proceeding including the order dated 15.6.2007, by which the Judicial Magistrate, 1st Class, West Champaran at Bettiah, in Tr. Case No.1634/07 (Lauriya P.S. case no.72 of 2005) has framed charge against the petitioner for the offence punishable under sections 467, 468, 469, 471 and 420 of the Indian Penal Code. The case of the informant, the Block Education Extension Officer, Lauriya, West Champaran, is that the petitioner in his tenure as Mukhiya of the Gram Panchayat Raj Paraw, committed certain irregularities in appointment of Panchayat Shiksha Mitra, inasmuch, as he appointed an under age girl and instead of five persons selected six persons. After having heard both the parties and having gone through the contents of the First Information Report, I find that the only allegation against the petitioner is of having committed certain irregularities and it is not essential that every irregularity, which may be a administrate lapse, is criminally liable. Apart from the above two irregularities, there is no other material to show that the petitioner had, - 2 - in fact, forged any document or cheated anyone and, therefore, charges for the offence under sections 467, 468, 469, 471 and 420 of the Indian Penal Code are completely baseless. In view of the above, this quashing application is allowed and the order dated 15.6.2007 passed in Tr. Case No.1634 of 2007 passed by Sri M. P. Singh, Judicial Magistrate, 1st Class, West Champaran at Bettiah, is hereby quashed. The application stands allowed. JA/- (Anjana Prakash, J.)