IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47317 of 2008 Siyaram Singh @ Siyaram Yadav Versus 1. State of Bihar 2. District Transport Officer, Bhojpur at Ara ……………… Opposite Parties --- For the Petitioner: Mr. Ashutosh Kumar, Advocate For the State: Mr. Pawan Kr. Chaurasia, APP ------- 3 02.12.2011 This is an application for quashing the order dated 11.6.2008 passed by Sri K.K.Singh, Judicial Magistrate, Bhojpur at Ara in G.R. Case no. 1129 of 2002/T.R.No. 684 of 2008 whereby cognizance has been taken against petitioner under sections 467, 468, 471, 420 and 120B of the Indian Penal Code. Heard counsel for the parties. Prosecution case in brief is that the petitioner got registered his vehicle in Transport Office, Bhojpur at Ara. No tax was paid on his behalf from 1.4.1999 to 31.12.2001, a demand notice was sent at the address given by him but the same returned that petitioner did not met, his family members were stating about his going to Jail and did not give correct address of Jail. Cognizance is taken under different sections of the Indian Penal Code including sections 467, 468, 471, 420 and 120B IPC. 2 Submission of learned counsel for the petitioner is that no accusation can be levelled against the petitioner for giving no road tax/additional tax and furnishing wrong address for non-payment of road tax. According to learned counsel, for non-payment of road tax or additional tax no criminal liability can be fixed. I also agree with the submission. As about address furnished by petitioner, F.I.R. in itself is clear that Postman reached his house on the address furnished by him, then only his family members reported about his going to Jail to Postman. If address of Jail was not furnished, no liability can be fixed upon this petitioner. Thus, having regard to the facts and circumstances of the case as well as submission of the parties, this application is accordingly, allowed and cognizance order dated 11.6.2008 passed in G.R.Case No. 1129 of 2002/T.R. No. 684 of 2008 is hereby quashed. . AI ( Mandhata Singh, J.)