6IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3292 of 2009 Ashok Kumar Thakur @ Ashok Thakur s/o Basudeo Thakur, resident of village + P.O.-Madhuban, P.S. Udakishunganj, District- Madhepura at present near Binoba Ashram, P.O.+P.S. +District- Saharsa ...Petitioner Versus 1. The State Of Bihar through Superintendent of Police at Purnea & 2. Officer-in-charge, Bhabanipur police station, District- Purnea …Opposite Parties ----------- 3/ 02.08.2010 The petitioner seeks quashing of the entire proceeding of Dhamdaha P.S. Case No. 63 of 2004 pending before F.T.C. 2, Purnea. On 18.5.2004, the informant, who happens to be the Sub- Inspector of Bhawanipur Police Station, District-Purnia, on suspicion, arrested one Sahendra Mandal with arms who disclosed the name of his accomplices, wherein, he also mentioned the name of one Ashok Thakur. On 28.4.2005, the police attached the house of the petitioner since the police failed to arrest the petitioner. Chargesheet No.73 of 2005 and 85 of 2005 were submitted against one Abhimanu Mandal @ Babua Mehta and Munna Mandal and cognizance was accordingly taken by the Chief Judicial Magistrate on 2.7.2005. However, the petitioner protested that he was not the Ashok Thakur, who was named by the apprehended accused Sahendra Mandal. Upon which, a high level enquiry was done in the matter and it was found that, in fact, the petitioner was being wrongly proceeded against. The police then filed a petition before the court below (Annexure-6) for recall of warrant of arrest against the petitioner but the same was disallowed on 22.1.2007, on the ground that cognizance has already been taken in the matter and, therefore, there was no question of any recall of warrant of arrest. - 2 - The petitioner under the circumstances prays for quashing of the prosecution pending against him. However, at this stage, when the matter is pending before the FTC, Purnea, it will not be proper for this court to look into the factual aspect of the matter. This application is being disposed of with the direction to the trial court to consider the plea of the petitioner and pass appropriate orders in accordance with law at the appropriate stage. Application stands disposed of. JA/- (Anjana Prakash, J.)