IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12315 of 2010 BHARAT SAH SON OF JAGDISH SAH, RESIDENT OF VILLAGE KAKRAUL, P.S. RAHIKA, DISTRICT MADHUBANI ….. PETITIONER Versus THE STATE OF BIHAR ----------- 2. 9.12.2010 The petitioner seeks quashing of the order dated 16.2.2008 passed by the Chief Judicial Magistrate, Madhubani in Town (Rahika) P.S. case No.68 of 2007, by which he has taken cognizance u/ss.171, 181 and 420 I.P.C. The prosecution case is that the petitioner contested the Gram Panchayat Samiti election stating therein that he was a “Kanu” but in fact he was a “Haluwai” and, therefore, could not have taken benefit of being most backward class. It has been submitted on behalf of the petitioner that all the documents show that the petitioner was a “Kanu” and he was not a “Haluwai” and there is just an oral allegation of the rival candidate that the petitioner was a “Haluwai”. The further submission is that even if he was a “Haluwai” both “Haluwai” and “Kanu” have been included as most backward class by a circular of the Government dated 25.3.2010. Considering the facts of the case, this application is allowed and the entire proceeding including the order dated 16.2.2008 passed by the Chief Judicial Magistrate, Madhubani in Town (Rahika) P.S. 2 case No.68 of 2007 is quashed. Narendra/ ( Anjana Prakash, J. )