IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32156 of 2009 Gayatri Devi, W/o Ganga Singh, resident of Panpur Dilwarpur, P.S.-Bidupur, District-Vaishali, Hajipur Versus The State of Bihar ----------- 01. 19.07.2011 The High Court Records of the case were eaten by white ants and it was reconstructed when a notice with regard to the same was given to the Lawyers who provided the Court with a copy of the petition for consideration. The petitioner who was a candidate of the election of District Board is aggrieved with the order dated 14.11.2006 by which the Chief Judicial Magistrate, Vaishali, Hajipur has taken cognizance in Bidupur P.S. Case No. 128 of 2006 under Section 188 IPC and Section 9 of the Loudspeaker Act. The case of the informant was that on 24.04.2006 the petitioner while contesting the Panchayat Election was using a vehicle with loudspeaker without 2 permission. She was asked to produce the permission within 24 hours. When she failed to do so within the time frame the present case was instituted. It has been submitted that the petitioner had been given permission for use of vehicle with loudspeaker in Panchayat Election from 21.04.2006 to 30.04.2006 by the Bidupur Block, District-Vaishali and it was in accordance with the said permission she was using the loudspeaker fitted vehicle and, therefore, has not committed any offence. She had also produced the same before the informant who without verifying the same instituted the present case. Considering the facts of the case, this application is allowed and the entire proceeding of the order dated 14.11.2006 passed by the Chief Judicial Magistrate, Vaishali, Hajipur in Bidupur P.S. Case No. 128 of 2006 is, hereby, set aside. Vikash/- (Anjana Prakash, J.)