RAM SAGAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter was listed for hearing which was so partly heard yesterday and again taken up today. The learned counsel for the petitioner and the learned Addl. P.P. representing the State are heard at length.

(2.) This application is filed under Section 482 of the Code of Criminal Procedure (hereinafter, referred to as the 'Code') by petitioner Ram Sagar Paswan for setting aside the order passed by learned Chief Judicial Magistrate, Katihar in Case No. 168/96 T.R. No. 1664/97 by virtue of which cognizance of offence has been so taken against the present petitioner under Sections 196 and 211 of the Indian Penal Code and thus, be prayer is to quash the order under challenge a copy of which so filed is marked as Annexure-7.

(3.) Detailing the short history of the case it is pointed out that at the relevant time petitioner happened to be the Block Development Officer of Pranpur and the Deputy Development Commissioner, Katihar after holding enquiry on 6.4.1990 had found some of the persons responsible for cheating and misusing the Government money and works so allotted were not being so done in accordance with the procedure for completion of the Schemes under Jawahar Rojgar Yojna. A copy of the enquiry report so detailed by D.D.C. is filed and marked as Annexure 2. It is further submitted that D.D.C. concerned while forwarding the memo dated 23.5.1990, directed the present petitioner to lodge a case against accused-persons committing offence of cheating etc. and before lodging the FIR, at the instance of the order of D.D.C, the present petitioner referred the matter to the Public Prosecutor to give opinion in this regard which was so given by him on 26.5.1990, a copy of which is filed and marked as Annexure 3. After getting opinion from the Public Prosecutor, the present petitioner, B.D.O. lodged the FIR on 6.6.1990, a copy of which is marked as Annexure 4 against the accused-persons under Sections 409. 420 and 120-B of the Indian Penal Code. Charge-sheet was so submitted against the accused-persons on 28.9.1991 and after completion of the trial the accused-persons have been acquitted vide order dated 17.10.1996, a copy of which, acquitting the accused- persons is so filed and is marked as Annexure 5. After acquitting the accused-persons, the Presiding Officer put his signature thereafter put a note that since the present petitioner, appearing as PW 8 in course of the trial, had deposed with regard to lodging a false case at the instance of D.D.C, therefore, he may be prosecuted under the provision of Sections 196 and 211 of the Indian Penal Code and at the same time without notice to the petitioner to defend himself or holding enquiry thus without complying with the provisions of Section 340 of the Code, complaint case was so filed before the Chief Judicial Magistrate, Katihar on 17.10.1996, by the Judicial Magistrate, 1st Class, Katihar, a copy of which so filed is marked as Annexure 6 and on the basis of which the learned Chief Judicial Magistrate took cognizance of the offence on 18.11.1996.