SYED REYAZ AHSAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) Petitioner is the informant of Barh P.S. Case No.107/96 in which after investigation police submitted final form holding that the allegations were false. The police recommended for action against the petitioner under Sections 182 and 211 of the IPC but the said final form did not result in dropping of the case, rather on protest, which was treated as complaint, the learned Magistrate took cognizance of various offences such as 420 etc. under IPC on 16.4.1998 vide Annexure-4. However, the present case bearing case no.58 G.C./97 was initiated against the petitioner on the recommendation of the police and cognizance was taken under Sections 182 and 211 of theIPC. Petitioner appeared before the learned Magistrate 1st class, Barh and prayed for discharge on the ground that on the basis of protest-cum-complaint, cognizance was taken in the case lodged by him but by the impugned order dated 17.3.1999 the learned Magistrate rejected the prayer for discharge. In such situation, petitioner has prayed for quashing of the entire criminal proceeding and also the impugned order.

(3.) In the impugned order the learned Magistrate has discussed the relevant facts and it is not in dispute that on the basis of protest-cum- complaint petition cognizance has been taken by the learned Magistrate in the case lodged by the petitioner. However, learned Magistrate has referred to a quashing application bearing Cr. Misc. No.15271 of 1998 which was said to be pending before this Court with an order of stay in respect of order of cognizance passed in that case lodged by the petitioner. Learned counsel for the petitioner has produced before this Court a certified copy of order dated 5.12.2000 to show that the said quashing application was dismissed as not pressed because nobody appeared on behalf of the petitioner of that case.