HARE KRISHNA ROY 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 3.10.2002 passed by Shri V.N. Singh, Judicial Magistrate, Saharsa in Saharsa P.S. Case No.97 of 2002, G.R. No.529 of 2002. By the said order, the learned Magistrate has taken cognizance of offence under Sections 467, 468, 471, 419 and 420 of the Indian Penal Code.

(2.) Short fact of the case is that opposite party no.2 filed a written report before the Officer-in-charge of Saharsa Sadar Police Station alleging therein that one Pradeep Kumar Moitra along with others had cheated the complainant and many other persons on the ground of providing employment to the un-employed persons. For the purpose of giving employment by committing fraud, the accused Pradeep Kumar Moitra had collected huge amount from number of candidates and subsequently, it transpired that the complainant was cheated by the accused Pradeep Kumar Moitra in conspiracy with other accused persons. The F.I.R. was registered against Pradeep Kumar Moitra and others. However, name of other accused persons was not mentioned in the accused column of the F.I.R. After investigation, police submitted charge sheet only against Pradeep Kumar Moitra. After submission of charge sheet, the learned Magistrate besides taking cognizance of offence against Pradeep Kumar Moitra also took cognizance of offence against this petitioner for the offence under Sections 467, 468, 471, 419 and 420 of the Indian Penal Code by its order dated 3.10.2010.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition.