IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.16052 of 2010 MUSHTAQUE ANSARI, son of late Abdul Matin Ansari, resident of village- Mirganj, P.S. - Mirganj, District- Gopalganj, at present posted as Jail Superintendent, Sitamarhi ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 06.01.2011 Heard the parties. The petitioner has sought quashing of the order dated 02.12.2008 passed by the Chief Judicial Magistrate, Sitamarhi, in Dumra P.S. case no.111 of 2007 by which cognizance has been taken under sections 448, 420, 120-B of the Indian Penal Code. The prosecution case is that some persons were found sitting in the company of under trial prisoner within the jail premises who had been permitted inside the jail on the orders of the jail authorities. The petitioner happens to be the Jail Superintendent and, admittedly, it was well within his power to allow meeting of an advocate with an under trail prisoner. It has been submitted that in the facts of the case no offence whatsoever is made out against any of the accused. Considering the same, this application is allowed and the order dated 02.12.2008 passed by the Chief Judicial Magistrate, Sitamarhi, in Dumra P.S. case no.111 of 2007 ( Tr. No.160 of 2010) taking cognizance under sections 448, 420, 120-B of the Indian Penal Code is hereby quashed. The application stands allowed. JA/- (Anjana Prakash, J.)