CRIMINAL MISCELLANIOUS No.47542 OF 2005 ********** In the matter of an application under Section 482 of the Code of Criminal Procedure. ********** AJAY KUMAR S/O NARESH CHANDRA SHUKLA --------------------------(Appellant) Versus 1. THE STATE OF BIHAR 2. DEO KUMAR PRASAD S/O LATE SITARAM -----------------------(Respondents) ************ For the Petitioner : Mr. Rajeev Ranjan Sinha For the State : Mr. C.Jawahar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The petitioner seeks quashing of the entire complaint including the order dated 12.02.2002 by which the Judicial Magistrate, Ist Class Patna has taken the cognizance for offences under Section 420 I.P.C. in Trial No. 1262 of 2001 arising out of Complaint Case No. 1559 (c) of 2001. 2. On 6.12.2006 notices were issued to the opposite party no. 2 and further proceedings in the court below was stayed. The opposite party no. 2 has appeared through vakalatnama but has chosen not to be present in the court today. 3. The case of the complainant is that he was a member of the Vitta V ibhag Karamchari Sahkari Grih Nirman Samiti Ltd. Patna and deposited a sum of Rs. 13,352/- in all, on or before 9.9.1988. Thereafter the then secretary of the Samiti Mr. N.C.Ghosh registered a certain piece of land in his name on 14.3.1989 but when he went upon the said land to construct his house he was told that it belongs to somebody else who had not sold the said land to the Samiti. 4. The learned counsel for the petitioner submits that the petitioner was elected as secretary of the Samiti only on 1.11.1993 and the entire transaction between the complainant and the Samiti had taken place even before he had been elected and therefore he cannot be held liable for the actions of the previous office bearer. Since the opposite party no. 2 is not present here I find no option but to accept this proposition and on this score alone the application is allowed and the order dated 12.02.2002 by which the Judicial Magistrate, Ist Class Patna has taken the cognizance for offences under Section 420 I.P.C. in Trial No. 1262 of 2001 arising out of Complaint Case No. 1559 (c) of 2001 is hereby quashed. 5. This application stands allowed. ( Anjana Prakash, J.) Patna High Court, Patna Dated the 22th July, 2010 NAFR/ Fahad.