RABARI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Chittaranjan Sinha, learned senior counsel appearing on behalf of the petitioner and Shri Shiwesh Chandra Mishra, learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 28.3.2009 passed in Hajipur (Town) P.S. Case No. 544 of 2005 by the learned Chief Judicial Magistrate, Hajipur, whereby cognizance has been taken under Sections 171-F and 188 of the Indian Penal Code, certain provisions of Bihar Control on the Use and Play of Loudspeakers Act, 1955 as also under Section 133 of the Representation of People Act, 1950.

(2.) During the election time, one First Information Report was lodged by the Circle Officer-cum-Deputed Magistrate on 19.10.2005 alleging that on 4.10.2005, during the course of submission of election papers before the Election Officer, at the instance of the petitioner more than required vehicles were found parked 200 meters away from the office premises. One such vehicle was found to have been fitted with a red beacon light. It was further alleged that without taking permission there was use of loudspeaker and the whole cavalcade was accompanied by a band party. It was, therefore, alleged that the petitioner violated the provisions of the Model Code of Conduct, which was promulgated during the election time, the provisions of the Indian Penal Code and the Representation of People Act.

(3.) Counsel for the petitioner submits that the occurrence is said to have taken place on 4.10.2005, but the report regarding the same was lodged on 19.10.2005. The police took approximately two and half years to conclude the investigation and finally the charge-sheet was submitted on 6.3.2008. On submission of charge-sheet, cognizance under various sections, as stated in the foregoing paragraph, was taken on 28.3.2009. The dates were indicated by the learned counsel for the petitioner to canvass the ground that the case was lodged because of another political party being in power and deliberately such a long delay was made in concluding the process of investigation.