IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20781 of 2008 ASHOK KUMAR BASU, son of Shri Anil Chandra Basu, resident of Old RDC Quarter, Mayers Road, P.S.- Kanke, Town & District- Ranchi, presently, posted as the Chief Secretary, Government of Jharkhand with additional charge of Principal Secretary, Science & Technology Department, Government of Jharkhand, Ranchi. …Petitioner Versus 1. THE STATE OF BIHAR & 2. Sri Brajesh Kumar, son of Late Awadhesh Prasad, resident of Kadamkuan, presently residing in front of Patliputra School, Kadamkuan, Patna-800 003 …Opposite Parties ----------- 4/ 22.04.2011 Heard the parties. The petitioner has sought quashing of the order dated 25.04.2008 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.236-C of 2008 by which he has taken cognizance under sections 166, 420, 323 and 341 of the Indian Penal Code. It has been submitted that the petitioner was the Principal Secretary, Science and Technology Department, Government of Jharkhand, Ranch, and the grievance of the complainant is that he had not been paid his retiral dues. He had made specific allegations against accused no.1 and 2 and allegations against the petitioner were confined to what had been stated by the accused no.1 and 2. Evidently, no offence whatsoever is made out against the petitioner in the facts of the complaint. In the result, this application is allowed and entire proceeding including the order dated 25.04.2008 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.236-C of 2008 taking cognizance under sections 166, 420, 323 and 341 of the 2 Indian Penal Code is hereby quashed in so far as it relates to the petitioner only. JA/- (Anjana Prakash,J.)