IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2855 of 2008 SIYA SINGH, Son of Shree Nand Kishore Prasad Singh @ Kedar Singh, Resident of Village- Telari, P.S. Rupou (Kawakole) District- Nawadah. . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 4/ 07.05.2010 Heard learned counsel for the petitioner and the State. The petitioner has prayed for quashing the order dated 20.09.2007 passed by Chief Judicial Magistrate, Nawada in Kawakole P.S. case no. 14 of 2007, whereby cognizance has been taken under Section 420 and 414 of the Indian Penal Code. One Binod Kumar alleged that food-grains, which was meant for Poshahar of Primary School, Telari was being carried from the shop of P.D.S. Dealer Lalan Paswan @ Lalan Ram on the tractor for black marketing in collusion with Up-Mukhiya, Subodh Kumar and the aforesaid P.D.S. dealer. Learned counsel submits that the instant prosecution has been lodged on account of personal malice of Binod Kumar, who was earlier the Chairman of Shiksha Samiti of Primary School, Telari. Binod Kumar is aggrieved with the petitioner, who is presently Chairman of Shiksha Samiti of Primary School, Telari. He further submits that both the enquiry and investigation revealed that the food- grain meant for Poshahar was never allotted to the P.D.S. Dealer Lalan Paswan. Furthermore, the investigation also revealed that aforesaid food-grains are lying intact in the school premises and no Khichari (mid day meal) could be prepared for the student, due to lack of money for preparation of Khichari (mid day meal). Learned counsel - 2 - further submits that a Bench of this Court by order dated 19.03.2010 in Cr. Misc. No. 52175 of 2007 quashed the criminal prosecution against co-accused Lalan Paswan @ Lalan Ram. In view of the fact that the food-grains is still found in the school premises in course of investigation and Lalan Paswan @ Lalan Ram was never entrusted with the food-grains in question, as such the impugned order dated 20.09.2007 taking cognizance under Section 420 and 414 of the Indian Penal Code in Kawakole P.S. case no. 14 of 2007 is hereby quashed. This application is, accordingly, allowed. Uday/ (Samarendra Pratap Singh, J.)