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 Sec. 182 read with Sec. 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 dated 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.

(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 me case and the impugned order exposes total lack of judicial application of mind. Sec. 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 numbers of the political party, in a meeting in which the administration was condemned and the police was indicated as being inactive and slow in taking steps in apprehending the criminals. No criminal proceeding was brought in court against the police officer or against any one by these petitioners. Condemnation of the police action for the lack of sense of duty, from a public plat form does not constitute an offence under Sec. 211 nor under Sec. 182 of the Penal Code. Likewise transmitting copies of resolution 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. Sec. 182 of the Penal Code reads as follows: