IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19912 of 2010 CHUNCHUN KUMARI @ CHUMCHUM KUMARI, WIFE OF SHRI BIJENDRA KUMAR, RESIDENT OF VILLAGE MAHANGPUR, P.S. JANIPUR, DISTT. PATNA. ------ PETITIONER. Versus THE STATE OF BIHAR ----------- 3. 25.02.2011 Heard the parties. The petitioner has sought quashing of the order dated 5.5.2010 passed by the Judicial Magistrate, Hazipur, in Hazipur Town P.S. Case No. 78 of 2003 by which he has refused to discharge the petitioner. The case of the prosecution is that one Vijay Kumar Singh was apprehended while appearing on the Roll Admit Card of the present petitioner after taking out the picture of the petitioner from the said Admit Card and affixing his own on it. It has been submitted that apart from the oral statement of the witnesses, there is no cogent proof since neither the Admit Card nor the Answer Sheet have been seized in the case. The further submission is that there is not further proof that in fact, the said Vijay Kumar Singh was impersonating in place of the present petitioner since the original document pertaining to the said registration number and Admit Card have not been brought on record. In view of these vital documents not having been seized or brought in Court, the entire trial would be a nullity. Considering these submissions even I am of the 2 view that since there is no document which could be compared with the original document, if any, the allegation of impersonation would remain unsubstantiated. In view of such, the entire proceeding of Hazipur Town P.S. Case No. 78 of 2003 pending in the court of Judicial Magistrate, Hazipur, is hereby set aside. S.Ali ( Anjana Prakash, J.)