RAM KUSHESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application, under Section 482 of the Code of Criminal Procedure, has been preferred for quashing the order dated 26.2.2008 passed by the Additional Sessions Judge, Fast Track Court No.-III, Begusarai, in Criminal Revision No. 560 of 2003, whereby the Additional Sessions Judge, Fast Track Court dismissed the above Criminal Revision Petition of the petitioner filed against the order dated 15.9.2003 of the Chief Judicial Magistrate, Begusarai, taking cognizance of the offence under Sections 182 and 211 of the Indian Penal Code and order dated 20.9.2003 passed by Sri M.K. Singh, Judicial Magistrate, 2nd Class, Begusarai, issuing summon against the petitioner, in Barauni P.S. Non-F.I.R. No. 1 of 2003. The brief facts, leading to the present application, is that the petitioner, Ram Kusheshwar Singh alias Ram Kusheshwar Kumar, filed the complaint petition numbered as 719(C) of 2003 in the Court of the Chief Judicial Magistrate, Begusarai, regarding the occurrence having taken place on 29.5.2003. The Chief Judicial Magistrate sent the complaint petition under Section 156(3) of the Code of Criminal Procedure for investigation by the police. Accordingly, Barauni P.S. Case No. 247 of 2003 was registered on 16.7.2003 under Sections 341, 323, 379 and 504/34 of the Indian Penal Code against five accused, namely, Suva ran Singh, Suresh Singh, Shankar Singh, Jawahar Kumar and Mukesh Kumar. After investigation, the police submitted final form dated 31.7.2003 in the Court of the Chief Judicial Magistrate finding the case untrue with report numbered as Barauni P.S. Non-F.I.R. No. 1 of 2003 to proceed against the complainant/informant/petitioner under Sections 182 and 211 of the Indian Penal Code The Chief Judicial Magistrate, thereafter on perusal of the report of the police numbered as Barauni P.S. Non-F.I.R. No. 1 of 2003 took the cognizance of the offences under Sections 182 and 211 of the Indian Penal Code against the petitioner on 15.9.2003 and transferred the record to the file of Sri M.K. Singh, Judicial Magistrate, 2nd Class, Begusarai, for disposal, who also on receiving the record passed the order on 20.9.2003 to issue summon against the petitioner. The informant/petitioner preferred Criminal Revision No. 560 of 2003 against the order dated 15.9.2003 and 20.9.2003 taking cognizance of the offence under Sections 182 and 211 of the Indian Penal Code and issuing summon against him and the same was dismissed by the Additional Sessions Judge Fast Track Court-III, Begusarai through the order dated 26.2.2008.

(2.) Learned counsel appearing on behalf of the petitioner submits that the police on investigation in Barauni P.S. Case No. 247 of 2003, as lodged by the petitioner, submitted the final form finding the case untrue with report to proceed against the informant/petitioner for the offence under Sections 182 and 211 of the Indian Penal Code, but the Chief Judicial Magistrate, without accepting the final form in the case of the petitioner, took the cognizance of the offence on the report of the police under Sections 182 and 211 of the Indian Penal Code against the petitioner vide order dated 15.9.2003, which is without jurisdiction. It is also submitted that before submission of the final form in the case by the police, the petitioner had filed the protest petition but the petitioner was not given any notice for being heard on the final form/protest petition so that sufficiency of materials for summoning the accused could have been pointed out by him, before the order of cognizance of offences under Sections 182 and 211 of the Indian Penal Code was passed by the Chief Judicial Magistrate.

(3.) From the facts of the case and the submissions as advanced by the learned counsel appearing on behalf of the petitioner, the short question that arises for consideration is as to whether in a case where First information Report is lodged and after completion of the investigation the police submits the final form showing that the case is untrue with a further report to proceed against the informant for the offence under Sections 182 and 211 of the Indian Penal Code, has the Magistrate the jurisdiction to take cognizance of the offence and proceed for trial for the offence under Sections 182 and 211 of the Indian Penal Code against the informant without accepting the final form or without affording an opportunity of being heard to the informant?