CRIMINAL MISCELLANIOUS No.32488 OF 2004 (In the matter of an application under Section 482 of the Code of Criminal Procedure.) ******** JAWAHAR PRASAD, SON OF LAL MOHAR PRASAD, PLUMBER, RAJENDRA MEMORIAL RESEARCH INSTITUTE OF MEDICAL SCIENCES, AGAMKUAN, PATNA – 800 007, POLICE STATION, ALAMGANJ, DISTT. PATNA. --------- PETITIONER. Versus 1. STATE OF BIHAR 2. DR. KAMAL KISHORE, DY. DIRECTOR, RAJENDRA MEMOCIAL RESEARCH INSTITUTE OF MEDICAL SCIENCES, AGAMKUAN, PATNA – 800 007, POLICE STATION ALAMGANJ, DISTT. PATNA. ------OPPOSITE PARTIES. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The petitioner seeks quashing of the entire proceeding including the order dated 6.5.2004 by which the Judicial Magistrate, Patna City has taken cognizance in C.A. No. 948 of 2003 under Section 427 of the Indian Penal Code. 2. On 24.11.2005, the application was admitted with notices to the opposite party no. 2 but despite service of notice and Wakalatnama on his behalf having been filed, he has chosen not to appear before this Court. 3. The case of the Complainant is that the petitioner who was a Plumber in Rajendra Memorial Research Institute of Medical Sciences, Agamkuan, Patna, had deliberately left the flow pipe of the over head tank of the roof by pushing it in side 2 the roof by digging a hole at the base of the tank causing overflow of water and causing a loss of Rs. 19,027/- to the Institute between 9.5.2003 to 11.5.2003. 4. The Complainant who was the Dy. Director, Rajendra Memorial Research Institute of Medical Sciences, Agamkuan was examined on solemn affirmation and after examination of one witness, cognizance was taken in the matter. 5. From the pleadings in the petition, it appears that the petitioner was suspended for his negligent act on 13.5.2003 but when he gave a representation before the authorities explaining that he was not present in the office between 9.5.2003 to 18.5.2003 on account of the marriage of his niece, there was no question of him having been negligent and resultantly causing loss to the Institute. The explanation was accepted by the authorities and the suspension was revoked. 6. From the documents annexed here, it also appears that there was some repair going on in the Institute and it was possible that it was in course of it that the water was left flowing which caused loss to the Institute. 7. Considering the aforesaid, I am of the view that the Complaint is noting but an abuse of the process of the court and is fit to be set aside. 8. In view of such, this application is allowed and the entire proceeding including the order dated 6.5.2004 passed by the Judicial Magistrate, 1st Class, Patna City, in C.A. No. 948 of 3 2003 is hereby quashed. Patna High Court, Patna Dated, the 23rd July, 2010. NAFR/S.ALI ( Anjana Prakash, J.)