PATNA: In a huge relief to CM Nitish Kumar just before the Lok Sabha polls, the Patna high court on Friday quashed the cognizance taken against him by ACJM court in Barh in a 28 year old murder case of Sitaram Singh.
Nitish, then was a candidate of Janta Dal.Police later filed chargesheet against three except Nitish and Dular as no evidence was found for their involvement in case.
Cognizance was taken even after high court had stayed court proceedings over the murder case on April 22, 2009.Nitish and Yogendra had moved high court on separate occasions for quashing of cognizance taken against them by the ACJM court though the complaint case and charesheet respectively.
Police, in chargesheet had also mentioned that though allegation against rest were found to be true but there was inadequate evidences against them.The matter kept lingering before ACJM court until August 5, 2008 when it finally took cognizance over chargesheet.Later Ashok filed a protest-cum-complaint petition against Nitish and Dular on January 20, 2009 on which ACJM court took cognizance against them on August 31, 2009.
With this exoneration, Nitish has now no criminal case pending against him.A bench of Justice Ahsanuddin Amanullah, while terming the prosecution against Kumar as malafied, untenable and solely intended to harass the petitioner, quashed the entire criminal proceeding arising out of the complaint case filed before the ACJM court against Nitish.Justice Amanullah imposed a token cost of Rs 1,000 on intervener petitioner cum Sitaram’s younger brother Radhakrishna Singh for adopting tactics to delay court proceedings on the issue.Sitaram was shot dead in Dibhar middle school premises under Pandarak police station area in Barh during voting on November 16, 1991.His brother Rajaram Singh, cousin Ashok Singh along with Suresh Singh , Mauli Singh, Mannu Singh and Rambabu had received injuries.Rajaram had recorded his statement before police against Kumar, then Mokama MLA Dilip Singh, Dular Chand Yadav, Yogendra Yadav , Baudhu Yadav, Shiv Narayan Yadav and others on basis of which an FIR was registered against them.
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