RADHEY SHYAM PANDEY 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 8.8.2001 passed by the learned Chief Judicial Magistrate, Patna in Gardanibagh (Sachiwalaya) P.S. Case No. 532 of 2000, whereby the learned Chief Judicial Magistrate has taken cognizance of offences under Sections 409, 420,468, 471, 167, 199, 193, 32, 34 and 120B of the Indian Penal code . The Petitioner has further prayed for directing the learned Chief Judicial Magistrate to take cognizance of offence of the offences on the police report. Alternatively it has been prayed to direct for investigating the case by an independent Agency i.e. Central Bureau of Investigation.

(2.) Short fact of the case is that the Petitioner earlier filed a complaint vide Complaint Case No. 1318 (C) of 2000 in the court of learned Chief Judicial Magistrate, Patna arraying altogether 25 persons as accused for commission of offence of criminal misappropriation by way of removing part of machines and other public properties at Kujju under Rajnagar Police Station in the district of West Singh hum and also vital parts worth Rs. 5.2 Lacs of H.M. 101-M Dragline machine at Kitanala under Mango Muffasil Police Station in the district of East Singhbhum . It was alleged that all the accused persons conspiring with each other had committed offences under Sections 120B, 409, 420, 468, 471, 167,199/193, 109, 32 and 34 of the Indian Penal Code. The said complaint was referred to the police for its registration and investigation and, accordingly, Gardanibagh (Sachivalaya) P.S. Case No. 532 of 2000 was registered and police started investigation. While investigation was in progress, the Petitioner raised apprehension that the police, keeping in view the status of accused, may not do justice with the investigation, the Petitioner, accordingly, filed a petition on 28.10.2000 in the court of learned Chief Judicial Magistrate, Patna. In the said petition, the Petitioner also indicated that he learnt that the police was going to submit report in the case stating that the case was false one. Subsequently, the police submitted final report vide Final Report No. 159 of 2000 dated 1.11.2000. The police in its final report categorically mentioned that the complaint was filed maliciously against accused Nos. 1 to 13 and 15 to 25, which was untrue. In its final report, the police indicated that in respect of accused No. 14 and the informant of the case investigation in West Singhbhum (Rajnagar) P.S. Case No. 45 of 2000 was going on. After submission of final report, notice was issued to the informant and, thereafter, a protest petition was filed by the Petitioner (informant). Finally, by order dated 8.8.2001 learned Chief Judicial Magistrate took cognizance of offence under Sections 409, 420, 468, 471, 167, 199, 193, 32 , 34 and 120B of the Indian Penal Code against accused Sradhanand Singh.

(3.) Dissatisfied with the order of cognizance, the Petitioner approached this Court by filing the present petition, which was admitted on 20.8.2002. While admitting, lower court record was also called for.