NAND KISHORE PRASAD SINGH 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 18.12.2002 passed by the Chief Judicial Magistrate, Begusarai in Mansoorchak Non F.I.R. No.1 of 2002. By the said order, the learned Magistrate has taken cognizance of the offence under Sections 182 and 211 of the Indian Penal Code.

(2.) Short fact of the case is that on the basis of written report submitted by the petitioner, an F.I.R. vide Mansoorchak P.S. Case No.106 of 2002 was registered on 7.9.2002 for the offence under Section 379 of the Indian Penal Code against three named accused persons. It was alleged in the F.I.R. that while the informant was returning by a Scooter, the three named accused persons intercepted the informant and they took forcibly Scooter as well as Rs.12,000/- from the pocket of the petitioner. In the first information report, the informant has also disclosed that the accused persons while forcibly taking away Rs.12,000/- from the pocket of the informant, had said that since the accused persons were earlier made accused, for the legal expenses it was necessary to take money. After registering F.I.R., police thoroughly investigated the same. During investigation, it was found that due to old litigations, the present case was cooked up by the informant and as such a final report was submitted mentioning therein the case as un-true.

(3.) Besides filing final report, the police also lodged prosecution report vide Mansoorchak Non F.I.R. No.1 of 2002 on 31.10.2000. After filing of the complaint, the learned Chief Judicial Magistrate, by its order dated 18.12.2002, took cognizance of offence under Sections 182 and 211 of the Indian Penal Code and transferred the case to the court of Shri K.K. Sinha, Judicial Magistrate, Ist Class, Begusarai. 3. Aggrieved with the order of cognizance and proceeding, the petitioner approached this Court by filing the present petition. It was admitted on 20.10.2003. While admitting, it was directed that during the pendency of this application, further proceeding pending in the court of the Judicial Magistrate, Ist Class, Begusarai in Tr. No.1125 of 2003 shall remain stayed. Order of stay is still continuing. 4. Learned counsel for the petitioner, while pressing the present petition, submits that even while the investigation was going on, the petitioner was apprehending that police may not do justice with the investigation and as such he had filed a protest petition. Learned counsel for the petitioner submits that once protest petition was filed, the learned Magistrate was not required to proceed with the case against the petitioner and as such the order of cognizance is liable to be set aside. 5. Smt. Anita Kumari Singh, learned Additional Public Prosecutor appearing on behalf of the State has opposed the prayer of the petitioner.