IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42653 of 2007 OM PRAKASH SINGH …petitioner Versus 1. STATE OF BIHAR 2. Shree Damodar Singh …opposite parties ----------- 03. 20.08.2010 Heard counsel for the parties. Petitioner has questioned the sustainability of the order taking cognizance passed by learned I/C Chief Judicial Magistrate, Nalanda in G.R.No.1132/07. An FIR was lodged by the Prof-in-charge alleging therein that several candidates appearing at the examination were allowed to indulge in getting pre-written answer-sheets from outside the examination hall and thereafter inserting those in the answer-sheets. It is further alleged that O.S.D. to the Governor of Bihar received one blank answer-book bearing stamp of Nalanda College. It is further alleged that altogether 17200 answer-books were received by the control room. On verification, it was found that 23 answer-books were short and the total answer-books distributed were 9174 and the remaining 8003 answer-books only existed in the store house. The informant has thus alleged that the Controller of Examination (petitioner) had a definite role in such large scale malpractice. The matter was investigated whereafter charge-sheet was submitted leading to the order taking cognizance. Counsel for the petitioner submits that the present 2 prosecution is malicious as it has been filed for oblique reasons. It is contended that the informant is hostile to him. It is next contended that prime duty of distributing and keeping the stock of the question papers/answer-sheets lay on one Santosh Singh and not the petitioner. I have heard the submissions advanced on behalf of the parties. Learned Magistrate in his order has found and recorded that on perusal of the FIR, the case diary and other materials attached therewith, he is satisfied that a prima facie case has been made out. Submissions of the petitioner shall be considered at the due stage of the proceeding. Considering the confines of the jurisdiction invoked by learned Magistrate, I am not inclined to interfere with the order. The application is dismissed. hr ( Kishore K. Mandal )