PRASHANT KATYAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this application under Section 482 of the Code of Criminal Procedure for quashing the order dated 29.8.2005 passed by the Chief Judicial Magistrate, Patna, in Gardanibagh (Shastrinagar) P.S. Case No. 437 of 2004/ G.B.H. No. 437 of 2004, whereby the petitioner, Prashant Katyayan, and the other accused, Anuj Kumar, have been summoned finding prima facie case under Sections 419 and 420 of the Indian Penal Code besides Section 10 of the Bihar Conduct of Examination Act, 1981.

(2.) The brief fact, leading to the impugned order, which is under challenge in this application, is that on the basis of the written report of one Dr. Manju Rani Verma, Principal of R.L.S.Y. Sarvodaya High School, Punaichak, Patna, Gardanibagh (Shastrinagar) P.S. Case No.437 of 2004 was instituted under Sections 419 and 420 of the Indian Penal Code besides Section 10 of the Bihar Conduct of Exmnination Act, 1981, against the petitioner, Prashant Katyayan and the accusedr Anuj Kumar, in which it is alleged that in course of examination of chemistry of B.C.C.E. in the second sitting Anuj Kumar son of Ratna Narayan Jha, was found sitting at Roll No. 210332 at the place of the petitioner, Prashant Katyayan, which was detected in course of taking the attendance of the examinees.

(3.) After investigation on submitting of the charge-sheet, the Chief Judicial Magistrate, on perusal of the case diary, took the cognizance of the offence under Sections 419 and 420 of the Indian Penal Code besides Section 10 of the Bihar Conduct of Examination Act, 1981. Being aggrieved and dissatisfied with the aforesaid order, the accused-petitioner has preferred this application.