IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3291 of 2010 TRIBHUWAN KUMAR MISHRA, SON OF LATE RAM PRAVESH MISHRA, RESIDENT OF VILLAGE-BANNI, P.O. NAGARA, P.S. KHAIRD (NAGARA), DISTT. SARANT AT CHAPRA. --------- PETITIONER. Versus THE STATE OF BIHAR ----- OPPOSITE PARTY. ----------- 2. 03.09.2010 Heard the parties. The petitioner seeks quashing of the order dated 14.10.2009 passed by the Chief Judicial Magistrate, Chapra, in Khaira (Nagara) P.S. Case No. 50 of 2008, Trial No. 2757 of 2009 by which he has taken cognizance under Sections 418, 420, 467, 468, 471, 406, 409 and 120(B) of the Indian Penal Code. The case of the Informant was that the petitioner being the Mukhiya along with his Panchayat Samittee and Sukh Suvidha had appointed Shiksha Mitra who were not deserving and when the Informant thereafter became the Mukhiya, he set aside the order and cancelled their appointment. The submission of the counsel for the petitioner is that under no circumstance, a vague allegation made in the First Information Report would make out a case of cheating or forgery and, therefore, the entire case is nothing but an exercise in futility. Considering the same, the application is allowed and the entire proceeding including the order taking cognizance dated 14.10.2009 passed by Miss. Saroj Kumari, Judicial 2 Magistrate, Chapra, in connection with Khaira (Nagra) P.S. Case No. 50 of 2008/Tr. No. 2757 of 2009 is hereby quashed. S.Ali ( Anjana Prakash, J.)