GYAN PRAKASH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsels appearing for the State and private respondent. Petitioner has prayed for issuance of writ in the nature of mandamus directing and commanding the respondents to pay to the petitioner a sum of Rs. 5,00,000/-(rupees five lacs) as compensation for harassing the petitioner without any valid basis for a period of nearly six years by filing Complaint Case No. CII-207/2003 on the basis of a photocopy of the FIR of Siwan Town P.S. Case No. 165/2002.

(2.) The brief fact, which lies to file this petition, is that Sub-Inspector of Town Police Station Siwan recorded his self-statement on 22.10.2002 and on the basis of the aforesaid self-statement, Siwan Town P.S. Case No. 165/2002 under Sections 269, 270, 271, 274, 275, 276, 419, 420, 468, 470, 471, 475 of the IPC and 18(c), 18A of the Drugs and Cosmetics Act, 1940 was registered against the petitioner and four other named persons as well as 50 to 60 unknown persons. The aforesaid case was investigated and after completion of investigation, charge-sheet was submitted. Subsequently, cognizance of the offence was also taken and petitioner and other accused were put on trial before the concerned court. In the meantime, respondent no 5 who was posted at Siwan as Drug Inspector filed Complaint Case No. CII-207/2003 against the petitioner and others and in the aforesaid complaint case respondent No. 5 averred that on 22.10.2002 Sub-Inspector of Town police Station, Siwan conducted raid and seized spurious and adulterated drugs and subsequently, lodged Siwan Town P.S. Case No. 165/2002. It has further been averred in the complaint petition that he was called by the officer-in-charge of Town Police Station and information regarding institution of the aforesaid case was given and thereafter, he discussed the aforesaid fact with the superior officers and gave information to the Drug Controller, Bihar, Patna vide letter No. 709 dated 28.10.2002 and, thereafter, Secretary-cum-Deputy Drug Controller, Bihar, Patna ordered to launch prosecution against the petitioner and others vide letter No. 1466(15) dated 12.12.2002 and accordingly, sanction letter was also issued and thereafter he consulted Public Prosecutor, Siwan and the Public Prosecutor vide letter No. 83 dated 27.3.2003 advised him to launch prosecution and thereafter he filed the above stated complaint case under Section 32(1) of the Drugs and Cosmetics Act, 1940. The court concerned took cognizance of the offence on the basis of the aforesaid complaint case.

(3.) Petitioner filed Cr. Misc. No. 47728 of 2007 against the order of cognizance taken in Complaint Case No. CII-207/2003 and a co-ordinate bench of this Court vide order dated 17.3.2009 quashed cognizance order taken by the court concerned in Complaint Case No. CII-207/2003.