DHANAMJAY UPADHYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 6.6.2001 passed by the Chief Judicial Magistrate, Patna in G.R. No. 1750 of 2000/Tr. No. 1142 of 2001 arising out of Gardanibagh P.S. Case No. 324 of 2000. By the said order, the learned Chief Judicial Magistrate has taken cognizance of offence under Section 136(2) of the Representation of Peoples Act, 1951.

(2.) Short fact of the case is that on the basis of written report submitted by Executive Magistrate, Patna, an F.I.R. vide Gardanibagh P.S. Case No. 324 of 2000 was registered on 1.6.2000 for the ofience under Section 136(2) of the Representation of Peoples Act, 1951. The report of the Executive Magistrate contains letter No. 58 dated 3.3.2000, which was addressed to the Officer-in-charge. Gardanibagh Police Station. In the said letter, it was alleged that the petitioner, an Assistant Teacher in the Government High School. Gardanibagh, Patna, was deputed for election duty, but he abstained and on that allegation, the Executive Magistrate directed the Officer-in- charge to register a case under Section 136(2) of the Act and thereafter, F.I.R. was lodged. After registering F.I.R., police investigated the same and submitted chargesheet. On 6.6.2001, the learned Chief Judicial Magistrate perused the charge-sheet, case diary and took cognizance of offence under Section 136(2) of the Act.

(3.) Aggrieved with the order of cognizance dated 6.6.2001, the petitioner approached this Court by filing the present petition, which was admitted on 6.9.2002, This Court also called for Lower Court Records.