IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22113 of 2000 JAGANATH MISHRA son of Sri Ram Adhar Mishra, resident of village Thatia, P.S. Sakra, District- Muzaffarpur… Petitioner Versus STATE OF BIHAR…. Opposite Party ----------- For the petitioner:- Mr, Anil Kumar Singh, Advocate Mr. Surinder Kumar, Advocate For the State: Mr. Uma Nath Mishra, Advocate ---- 5. 19.8.2010 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has been directed to be tried by the learned Judicial Magistrate, Ist Class (Railway), Samastipur in G.R.P.(S.P.J.) Case No.19/97 by order dated 27.6.2000 by framing charge under Section 409 of the Indian Penal Code as may appear from the F.I.R. that the allegation relates to disappearance of one postal bag, which was allegedly carrying Rs.20,000/-. The definite case of the prosecution was that the three persons, namely, Ramdeo Tiwary, Jamadar, Bindu Paswan, Mailman and Maheshwar Rai, Mailman, were persons who had made disappearance of the postal bag which was to be delivered to the present petitioner. The basic prosecution case is that the petitioner was never handed over that postal bag containing Rs.20,000/-. Subsequently the Police submitted a requisition for obtaining - 2 - process against the petitioner but after perusing the case diary on 15.9.1998, the Chief Judicial Magistrate, Samastipur refused to issue the process as there was absolutely no material in the whole of the case diary. The learned Railway Magistrate has not indicated as to which paragraph of the case diary was containing the clinching material or materials which could be justifying his order. It appears that only because the police was sailing in two boats by citing the petitioner as a witness for prosecution as also accusing the petitioner of being part and parcel of the group who committed the offence, the learned Railway Magistrate passed the order. In view of the basic facts, which were alleged on the basis of the postal records on transmission, carriage and delivery of the postal bag, it could be said that the petitioner could never be proceeded against by framing the charges against him. The petition succeeds and the order dated 27.6.2000 passed by the Railway Magistrate, Samastipur is quashed. VPS ( Dharnidhar Jha, J. )