IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2167 of 1999 PANKAJ KUMAR MISHRA S/O LATE PHULENA MISHRA, R/O VILLAGE-ASHWAN, P.O TERHA, VIA MARHOWRAH, DIST-SARAN AT PRESENT SUB DIVISIONAL INSPECTOR OF POST OFFICE, EAST SUB DIVISION, SIWAN……………………………………………………………………………….PETITIONER Versus 1. STATE OF BIHAR 2. NANHKU PANDIT S/O RAJPATI PANDIT, R/O VILLAGE-JIGRAWAN P.S. MAHARAJGANJ, DISTT-SIWAN……………………………………………………………………….OPPOSITE PARTIES. with Cr.Misc. No.2278 of 2002 BALISTER SINGH, S/O LATE GAURI SHANKAR SINGH, R/O VILLAGE-MAHUAL MAHAL, P.S.MAJHAUL HAQUAE NAGAR (HUSSAINGANJ) DIST-SIWAN…………………………….PETITIONER Versus 1. STATE OF BIHAR 2. NANHKU PANDIT S/O RAJPATI PANDIT, R/O VILLAGE-JIGRAWAN P.S. MAHARAJGANJ, DISTT-SIWAN……………………………………………………………………….OPPOSITE PARTIES ----------- For the petitioners:- Mr. Udit Narayan Singh, Adv. For the State :- Mr. Lala Kailash Bihari Pd. APP ------------- 10. 23-Apr-2010 Heard learned counsel for the petitioners in both the cases and learned counsel for the State. 2. Petitioners have prayed for quashing of order of cognizance dated 23.11.1996 passed by Judicial Magistrate, 1st Class, Siwan in Complaint Case No. C-1182/96, Tr. No. 900/98 relating to offence under Sections 420 421 and 120(B) of the Indian Penal Code. 3. A perusal of the complaint petition contained in Annexure-1 shows that on 18.9.1996 the complainant, Nanhku Pandit lodged the complaint against Satyadeo Yadav, Postmaster of Jigrawa Post Office under Maharajganj P.S. District, Siwan and against these two petitioner who at the relevant time were Sub-Inspector of Post Office at Siwan and Superintendent of Post Office at Siwan that they all connived with each other and committed the offence of misappropriation of Rs.2000/- which he had sent from Calcutta for payment to his wife, Smt. Saraswati Devi. 2 4. From the records of Cr. Misc. No. 24224 of 1997 (Satyadeo Yadav Vs. State of Bihar) it transpires that he as Postmaster concerned had also challenged the same order of cognizance but the prayer was rejected after final hearing by judgment and order dated 31.3.2010. On behalf of petitioners in these two applications, it has been submitted that a different view may be taken in respect of petitioners because they were not directly dealing with the money-order in question and it was accused, Satyadeo Yadav, Postmaster who was directly responsible for ensuring that the money-order amount be paid to the correct addressee. It has further been submitted that as superior officers they got enquiry conducted in the matter and on that basis the post-master was given a warning to be careful in future and it was decided to pay the amount of Rs.2000/- to the wife of complainant, Saraswati Devi. The stand of the petitioners is that a day before filing of the complaint petition the complainant’s wife was requested to go to Maharajganj, sub Post-Office for collecting the money but she refused. 5. On behalf of the State, it has been submitted that whatever be the worth of aforesaid defence of the petitioners, the same can be considered at appropriate stage if they pray for discharge but the order of cognizance clearly suffers from no legal infirmity in view of the allegations made by the complainant against all the three accused. 6. On considering the entire facts and materials available on record it is not deemed proper to make any comments in respect of defence of the petitioners because that remains to be examined by the court below at appropriate stage. This much is clear 3 that no action was taken against the Postmaster concerned and effective steps were not taken to ensure that the money was paid to the complainant’s wife, the addressee of the money-order. Whether on 17.9.1996 the money was offered to her or not is an issue which may be verified by the court below from the complainant at appropriate stage. 7. In view of the aforesaid discussions, it is not found possible to interfere with the order of cognizance. Hence both the quashing applications are therefore dismissed. 8. This order shall not prejudice the case of the petitioners and their defence which may be considered at appropriate stage, particularly if they pray for discharge. perwez (Shiva Kirti Singh, J.)