JUDGEMENT
Aditya Kumar Trivedi, J. -
(1.)Heard learned counsel for the petitioner as well as learned A.P.P.
(2.)Petitioner/accused is aggrieved by an order dtd. 30/11/2017 passed by Sri Sunil Kumar Singh, Judicial Magistrate, 1st Class, Hilsa, Nalanda relating to Nagarnausa P.S. Case No.134/2009, G.R. No.1469/2009 whereby and whereunder prayer of the petitioner to discharge in accordance with Sec. 239 Cr.P.C. has been rejected.
(3.)In order to support the plea, it has been argued at the end of the learned counsel for the petitioner that petitioner happens to be government servant (teacher). On the same allegation he was departmentally prosecuted and was exonerated on the ground that no misappropriation at his end has been committed. So urged that in the background of aforesaid finding, instant prosecution would not survive. In addition thereto, it has also been urged that the petitioner had furnished details of account concerning the cash received by him which has been accepted by the Department whereupon exonerated from the charge of misappropriation.
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