AJAY KUMAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The present petition was filed under Section 482 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") with a prayer to quash an order dated 24-05-2000 passed by the learned Chief Judicial Magistrate, Araria (hereinafter referred to as "Magistrate") in Case No. CC 19/1997. By the said order, learned Magistrate had taken cognizance of offence under Sections 211 and 182 of the Indian Penal Code (in short "IPC") and summoned the petitioner. Further, the petitioner has also prayed for quashing of order dated 24th May, 2001 passed by the learned 6th Additional Sessions Judge, Purnia (hereinafter referred to as "Addl. Sessions Judge"), whereby, Cr. Revision No. 349 of 2000/Tr. No. 32 of 2000 was rejected, which was preferred against the order of cognizance.

(3.) Short fact of the case is that initially, on the basis of written report filed by the petitioner, an F.I.R., vide Araria P.S. Case No. 244 of 1996, was registered for the offence under Sections 379 & 511 of the IPC. In the F.I.R., it was disclosed by the petitioner that from the pond of the petitioner, stealthily fishing was done and lock of the house of the petitioner was tampered. In the F.I.R., the petitioner had not disclosed name of any of the persons. Accordingly, F.I.R. was lodged against unknown. After investigation, police found the case as false and as such, while submitting final report, police filed a prosecution report dated 28-07-1996, which was received in the court of learned Chief Judicial Magistrate on 22-01-1997. Thereafter, since it was a prosecution report submitted by the public servant, the learned Magistrate, on perusal of the prosecution report by order dated 24-05-2000, took cognizance of offence under Sections 182/211 of the IPC and directed for issuance of process.