IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36396 of 2007 SHEO GOVIND RAM Versus STATE OF BIHAR & ANR ----------- 3 25.11.2008 Heard Mr. Binod Kumar, learned counsel for the petitioner and Dr. Mayanand Jha, the learned A.P.P. for the State. Although O.P. No. 2 - complainant was duly served with notice she has chosen not to appear and contest this application. The allegation against the petitioner and another as contained in the compliant is that the complainant was a candidate in Bikramganj Zila Parishad Election no. 20 scheduled for 21.5.2006 and in course of such election some antisocial element connived with the administration to permit casting of bogus votes in booth no. 24 in favour of opposing candidate and when she reached there along with her son Bishal, she found that the petitioner, being the Presiding Officer, was preventing her men from casting their votes to which she objected and also wrote a letter to the Election Commission. It is also alleged that when she did not consent to the views of the Presiding Officer he along with others misbehaved with her and ousted her from the polling booth forcibly and arrested her son and when she made a complaint to the S.D.M. as also the D.C.L.R. , Bikramganj, they evinced no interest. It is also alleged that when she did not find her son she traced the son to the hospital where he had gone for treatment for the injury sustained by him. It has been submitted on behalf of the petitioner that he is - 2 - innocent and since anti social elements were creating problems at the polling booth regarding the commission of criminal overt act and reported the matter to the police and his fardbeyan was recorded on the basis whereof cognizance has been taken on 1.11.2006 against all the accused persons and the instant complaint was by way of an after thought and counter blast lodged after six days after the date of occurrence. Apparently the complaint case appears to be vexatious and an abuse of the process of the Court which is required to be quashed. Accordingly the impugned order taking cognizance is quashed and the application is allowed. Spd/- (Abhijit Sinha, J.)