IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19413 of 2002 SURESH KUMAR Versus STATE OF BIHAR ----------- 3. 19.8.2010. Heard Sri Krishna Prasad Singh, learned senior counsel appearing for the petitioner and the learned A.P.P. for the State. The petitioner is aggrieved by the order taking cognizance of an offence under Section 409 of the Penal Code by the Chief Judicial Magistrate, Arrah in Ara Nawada P.S.Case No.188 of 2001 which was passed on 7.6.2002. Admittedly, the petitioner did not hand over the charge of a particular place of which he was put in charge as Halka Karmchari in spite of his transfer from that post and, as such, was not handing over the documents relating to the discharge of his official duties. The FIR itself indicates that the above act of the petitioner amounted to a misconduct of a Government servant. On the very reading of the FIR it could be said that it could never be an offence than a misconduct of a public servant upon which no FIR should have been lodged and as such no cognizance order could have been passed. In the result, the petition succeeds. - 2 - The order of cognizance passed on 7.6.2002 by C.J.M., Arrah is hereby quashed. The petition is allowed. B.Kr. ( Dharnidhar Jha, J. )