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Judgment
Anjana Prakash, J. (Oral)—Heard learned counsel for the Petitioner and the State.
The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 8.12.2006 passed in Trial No. 1759 of 2008 arising out of Dighwara P.S. Case No. 63 of 2005 by the Additional Chief Judicial Magistrate, Chapra.
The case of the prosecution is that the Petitioner being the Headmaster who had superannuated on 30.11.2003 had not handed over full charge on account of which the Informant was facing a lot of difficulties in conducting his business. During investigation it transpired that the Petitioner had filed requisitions repeatedly to hand over charge but for one reason or other, the then posted Officers were not cooperating with her.
The submission of the Petitioner is that even accepting the allegations in the First Information Report at best a departmental irregularity would be made out and there is no cogent material in support of misappropriation.
On the other hand, the counsel for the Informant submits that the Petitioner was departmentally proceeded against and she has been punished. This submission validates the plea of the Petitioner that in the facts of the case, an administrative lapse is made out.
I am inclined to accept the submission raised on behalf of the Petitioner relying on contents in the case diary.
In view of such, the application is allowed and the entire proceeding including the order dated 8.12.2006 passed by the Additional Chief Judicial Magistrate, Saran at Chapra, in connection with Trial No. 1759 of 2008 arising out of Dighwara P.S. Case No. 63 of 2005 is, hereby quashed.