CHANDRA SHEKHAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks quashing of the order of cognizance dated 8.8.2003 taken by the Chief Judicial Magistrate, Banka, in Banka PS Case No. 236/2001 lodged under Section 420, 465, 466, 468, 471 and 120 -B of the Indian Penal Code.

(2.) AN FIR was lodged on 9.8.2001, registered as Banka PS Case No. 236/2001 under Sections 420, 465, 466, 468, 471 and 120 -B of the Penal Code. The informant, Sri Arun Kumar Singh, 1st Additional District and Sessions Judge, Banka, by his written report stated that Sessions Trial No. 645/97 arising out of Katoria PS Case No. 177/97 dated 18.11.1997 under Section 302, read with Section 34 was pending in his Court. One Agan Das was an accused in the case. Consequent to the non -production of the accused from custody on several dates, the informant intimated the fact in writing on 1.5,2001, 7.6.2001 and 5.7.2001 to the Jail Superintendent, Sub Jail Banka with a direction to produce the accused. Th& Jail Superintendent was also required to file a show cause. On 21.7.2001 the Jail Superintendent appeared in the Court and informed in writing that the accused Agan Das had been released. In pursuance of a release order dated 9.2.2001 issued by the Court of the informant. On the basis of the show cause, release order and other materials placed before him the informant came to the conclusion that the release order was forged and fabricated and that his signature upon the same was also forged. The release order did not bear the signature of any staff of his Court and neither did the release order bear the original seal of the Court, and that there was no record of the order in the concerned register of the Court. Another Sessions Trial No. 644/2000 was pending in the Court of the informant. One Kamdeo Rout was an accused therein, who had likewise been released on the basis of release order dated 9.2.2001, like accused Agan Das. The informant required production of the original release order before him. On perusal of the release order the informant discovered that the said release order dated 9.2.2001 was also forged. Another order dated 10.3.2001 in Cr. Misc. No. 1790/2001 by this Court was also produced before the informant for release of Kamdeo Rout. The informant stressed that accused Kamdeo Rout submitted his bail bonds on 28.3.2001 while in accordance with the papers submitted by the Jail authorities on enquiry by the informant the said Kamdeo Rout had already been released on 9.2.2001 as mentioned hereinabove. Notwithstanding that Kamdeo Rout was released by this Court in Cr. Misc. aforesaid by order dated 10.3.2001 he submitted his bail bonds on 28.3.2001. The Jail authorities did not apprise the informant that accused Kamdeo Rout had already been released on 9.2.2001 on an alleged release order signed by the informant. The informant thus alleged that the said accused Agan Das and Kamdeo Rout in Sessions Trial Nos. 645/1997 and 644/2000 secured their release in conspiracy on the basis of forged and fabricated release order Mishra (the petitioner herein), Assistant Jailor Sukhraj Singh and Warders Girish and Sahdeo Das along with others. The informant thus alleged that the aforesaid persons had. committed fraud with the Court and secured release of the two accused without any valid and legal release order.

(3.) THIS led to a protest petition by the informant in the Court of Chief Judicial Magistrate, Banka. Cognizance was taken thereupon on 8.8.2003 by the Chief Judicial Magistrate under Section 420, 465, 468, 477 and 120 -B of the Indian Penal Code.