MANJUR ALAM 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 21.2.2006 passed by learned Chief Judicial Magistrate, Gopalganj in Case No. C-2/06 (Tr. No. 2582 of 2006). By the said order, learned Chief Judicial Magistrate has taken cognizance of offence under Section 188 of the Indian Penal Code. However, it was incorrectly typed as under Section 188, Cr PC. The petitioner has further prayed for quashing of order dated 30.10.2006 passed by learned Addl. Sessions Judge, F.T.C. No. II, Gopalganj in Cr. Revision No. 116 of 2006, whereby the learned Addl. Sessions Judge has rejected the revision preferred by the petitioner against the order of cognizance dated 21.2.2006.

(2.) Short fact of the case is that Opp. Party No. 2, i.e. Sub-Divisional Magistrate, Gopalganj filed a complaint in the Court of learned Chief Judicial Magistrate, Gopalganj, which was numbered as Complaint Case No.C-2/2006, against the petitioner and others on an allegation of commission of offence under Section 188 of the Indian Penal Code. It was alleged in the complaint case that while a proceeding under Section 144 of the Code of Criminal Procedure was going on and the petitioner had already received notice in the said proceeding, the petitioner along with other accused persons violated the order issued in the proceeding under Section 144 of the Code of Criminal Procedure and started construction work over the land in dispute. After filing of the complaint petition, learned Chief Judicial Magistrate had taken cognizance of the offence under Section 188 of the Indian Penal Code, which was incorrectly mentioned as 188, Cr PC.

(3.) Aggrieved with the order of cognizance the petitioner filed a revision before the Court of learned Sessions Judge vide Cr. Revision No. 116 of 2006. Learned Addl. Sessions Judge, F.T.C. No. II, Gopalganj vide its order dated 30.10.2006 has rejected the revision petition.