SURJEET SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application is directed against the institution of the Information Report being Golmuri P, S. Case No. 77/87 corresponding to G. R. Case No. 624-A of 1987.

(2.) It appears that proceeding under Section 145 of the Code of Criminal Procedure (shortly the Code) was initiated against the petitioner and against that order the petitioner had filed a quashing application in this Code vide) Annexure-1 which was allowed and that proceeding under Section 145 of the Code was dropped by the order of the High Court dated 21-7-1986. It appears that for committing disobedience of that order to aforesaid criminal case was instituted against the petitioner.

(3.) Heard Mr. Bhowmik, learned Counsel appearing on behalf of the petitioner and Mrs. M. M. Pal for the State. The main argument advanced in this case is that the F. I. R. has not been lodged by competent person which is essential under Section 195 of the Code. It was also submitted that when the main case was dropped by the High Court which had taken place earlier to the initiation of the present criminal case there is no question of any violation of any lawful order promulgated by the competent authority.