SHIV KUMAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners aforementioned have been summoned by the Sub-divisional Judicial Magistrate, Danapore, to take their trial on charges under Sections 182 read with Section 211 of the Indian Penal Code (hereinafter to be referred to as the Penal Code). The learned Magistrate took cognizance of the offence by order dt. the 6th July, 1982, which is under challenge in this application.

(2.) In order to appreciate the points involved in this case, it appears necessary to put in brief the facts giving rise to this application. One Tribhuwan Prasad Singh of Naubatpur Block under Naubatpur Police Station in the District of Patna, gave an information to the police to the effet that he was attacked by some criminals on 19.2.1982 at about 6 P.M. The police on getting the information instituted a case and drew up first information report and proceeded with the investigation. Two days after on 21.2.1982, Sheo Kumar Prasad Singh (the petitioner) claiming himself as President of a Political Party of Naubatpur Block convened a meeting in which a resolution condemning the attack on Tribhuwan Pd. Singh was passed. It was also resolved in the meeting that the assault on Tribhuwan Pd. Singh indicated that there was no proper administration of the Government in the Naubatpur Block, inasmuch as the police also appeared to be very much inactive and did not take effective steps to apprehend the assailants. Copies of the resolution passed in the meeting under the Presidentship of Sheo Kumar Prasad Singh was sent to different officials, including the Superintendent of Police, Patna. On receipt of the copy of the resolution, the Officer-in-charge, Naubatpur Police Station, filed a petition of complaint against both the petitioners for their prosecution on charges under Sections 182 and 211 of the Penal Code. The learned Sub-Divisional Judicial Magistrate, on receipt of the complaint, as aforesaid, took cognizance of the offences and summoned these two petitioners to take their trial.

(3.) Mr. Ram Suresh Roy, learned Counsel appearing on behalf of the petitioners, has submitted that the Sub-Divisional Judicial Magistrate appears to have acted mechanically without appreciating the facts of the case and the impugned order exposes total lack of judicial application of mind. Section 211 of the Penal Code is attracted only when there is an institution of a criminal proceeding on making false charge, as the case may be, with intent to cause injury to any person and having the knowledge that there is no just lawful ground for such proceeding or charge. It is needless to mention here that only a resolution was passed by some members of the political party, in a meeting in which the administration was condemned and the police was indicted as being inactive and slow in taking steps in apprehending the criminals. No criminal proceeding was brought in Court against the police officers or against any one by these petitioners. Condemnation of the police action for the lack of sense of duty, from a public platform does not constitute an offence under Section 211 nor under Section 182 of the Penal Code. Likewise transmitting copies of resolutions passed in a meeting, to different officials, will never amount to institution of a case in any Court of law with a view to taking action. Section 182 of the Penal Code reads as follows: