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2023 Supreme(Pat) 142

RAJIV ROY
RAJIV ROY – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Abhay Shankar Singh.
For the Opp. Parties : Mr. Rana Randhir Singh, APP.

Rajiv Roy, J. – Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for quashing of the order of cognizance dated 13.03.2015 in connection with Kalyanpur P.S. Case No. 141 of 2014 passed by the learned Chief Judicial Magistrate, Samastipur by which he passed over for issuance of summons against the petitioner after taking cognizance under Section 171(G), 191 and 468 of the Indian Penal Code.

2. The prosecution case, in brief, is that:

(i) the informant Shyam Sunder Bhagat being a social worker had earlier filed complaint case no. 1064 of 2014 in the Court of learned Chief Judicial Magistrate, Samastipur. He had alleged inter alia that he is a voter of his Panchayat and during 2011 election of Mukhiya, the accused-petitioner was candidate;

(ii) the petitioner furnished information required in form prescribed in Schedule-IV (ka) as per Section 5(1) of the Panchayti Raj Act, 2006. He suppressed information about his personal details and gave false information with his signature and also in affidavit filed there;

(iii) it was alleged that the accused concealed information regarding case pending against him and thereby betrayed the comp

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