IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16579 of 2008 Laliteshwar Singh @ Lalitesh Kumar, Son of Late Sheo Singh, resident of Village- Asta, Police Station- Tharthai, District- Nalanda ---------------- Petitioner Versus 1. The State Of Bihar 2. Harigovind Prasad, Son of Late Ram Kishun Prasad, resident of Village-Brijpur, Police Station-Noorsarai, District-Nalanda ------------------ Opp.Parties. ----------- 02 01-07-2010 Heard Sri Murari Prasad Singh, learned counsel appearing on behalf of the petitioner and Smt. Indu Bala Pandey, learned Addl.Public Prosecutor appearing on behalf of the State. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the order, which was passed long back on 24.3.2007, whereby Sri R.C. Prasad, Judicial Magistrate, 1st Class, Nalanda has taken cognizance of the offences under Section 323,409,420,468 and 504 of the Indian Penal Code in Complaint Case No.130(C) of 2004. While pressing this petition, learned counsel for the petitioner firstly submits that on perusal of the entire contents of the complaint petition, no offence is made out. To elaborate this point, he has placed the entire contents of the complaint petition. In course of hearing of this petition, learned counsel for the petitioner further submits that the complainant had taken loan from the Co-operative Bank, where the petitioner was earlier posted as Branch Manager and when Certificate Proceeding was 2 initiated by the Bank after retirement of this petitioner, the present complaint petition was maliciously filed . On the aforesaid two grounds, learned counsel for the petitioner has prayed for quashing of the order of cognizance. On going through the contents of the complaint petition, the Court is satisfied that the submission of the learned counsel for the petitioner that no offence is made out, is required to be rejected out rightly. The content of the complaint petition categorically describes the commission of the offences. So far the second ground is concerned, the Court is not satisfied that on such a plea order of cognizance can be quashed. Moreover, learned counsel for the petitioner has already submitted that after retirement of the petitioner, the present complaint petition was filed. The gist of the allegation in the complaint petition is that the complainant being member of the Co-operative Bank used to take agricultural loan from the Bank and repay the same and as per the complaint petition he had taken loan of Rs.20,000/-. The said amount was given to one of the co-accused, namely, Brajesh Kumar, who was employee of the Bank, and he had also granted receipt in respect of payment. Thereafter for about four years, during the period this petitioner was posted , as per the allegation in the complaint petition, the complainant was never asked or noticed by the Bank for clearing the loan .Only after the petitioner was transferred from the Bank, the new incumbent took steps for recovery of the amount and thereafter the complainant went to the 3 Bank to enquire and clarify the position where the petitioner was found and he forcibly took the earlier receipt, which was produced by the petitioner and destroyed the same and thereafter he pushed the complainant out from the Office. In such circumstances, this Court is of the opinion that the order of cognizance cannot be quashed. Accordingly I do not find any merit in the present petition and the petition stands rejected. It is further made clear that the order of cognizance was passed long back on 24.3.2007 and while exercising inherent power under Section 482 of the Code of Criminal Procedure at the initial stage of cognizance, it would not be appropriate to interfere with the impugned order. Accordingly, the petition stands rejected. However, it is made clear that whatever observation has been recorded in this case, has been recorded only for disposal of the present case and either of the parties may not be prejudiced by this order at any subsequent stage. NKS/- ( Rakesh Kumar, J )