Radhey Prasad Singh vs The State of Bihar and The Block Development Officer

Anjana Prakash, J.—The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 19.12.2006 passed by the Judicial Magistrate, Madhubani in Trial No. 1639 of 2008 arising out of Rajnagar P.S. case No. 61 of 2006. The case of the Informant is that while he was in duty being the B.D.O. of Benipatti Block, he found the Presiding Officers of certain booth taken dinner together while one boy was serving food to them. On enquiry the boy, who was serving the Petitioners, said that his mother was a candidate for the post of Panchayat Samiti member. He then concluded that the Petitioners had permitted themselves to be approached by a candidate and had thereby violated the model code of conduct and dereliction of duties.

The Petitioner submits that the entire allegation is merely oral in nature and in fact no such occurrence took place. Moreover, the pendency of the case since last seven years i.e. 2006 without any further development is a gross abuse of the process of the Court and deserves to be set aside. Considering the aforesaid, the application is allowed and the entire proceeding including the order of cognizance dated 19.12.2006 passed by the Judicial Magistrate, Madhubani in Trial No. 1639 of 2008 arising out of Rajnagar P.S. case No. 61 of 2006 is hereby set aside.