RAM KRISHNA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the outset learned counsel for the petitioner seeks permission to make correction in typographical mistake in para 1 of the petition which he is permitted to do.

(2.) This is an application under Section 482 of the Code of Criminal Procedure ('the Code' in short) praying therein for quashing order dated 27.2.1999 recorded by the learned Sub-divisional Judicial Magistrate, Darbhanga in G.O. Case No. 25 of 1998/T.R. No. 1242 of 1999 whereby and whereunder the learned Magistrate had taken cognizance of offence punishable under Sections 193 and 196 of the Indian Penal Code against the petitioner and one other (Radhey Shyam Choudhary, son of the petitioner), as well for quashing order dated 24.9.2002 recorded by the learned Ist Additional District and Sessions Judge, Darbhanga in Criminal Revision No. 206 of 1999, preferred against the aforesaid impugned order, which revision was also dismissed.

(3.) The facts, in brief, are that Radhey Shyam Choudhary was an accused in Kamtaul P.S. Case No. 9 of 1994 and he obtained provisional bail from the Court of Chief Judicial Magistrate, Darbhanga on 25.3.1994 on the ground that he was a minor and an examinee of the Matriculation examination, in support of which he filed certain documents. As alleged actually he was Radhey Shyam Choudhary but he had filed bail application in the name of Shyam Sundar @ Radhey Shyam Choudhary. The informant challenged that his name was only Radhey Shyam Choudhary and was not a minor but he had changed his name to be Shyam Sunder for obtaining a fresh matriculation certificate as he had become overage for Government job and he was taking advantage of such changing of the name for getting bail in the aforesaid case. That matter was enquired into the same Court and finding that the accused was not a minor and he had filled up matriculation examination from in other name only to show a lower age and that actually he had passed matriculation examination in the year 1985 in which his date of birth was 6.6.1969 and also had taken admission in the graduation course. His provisional bail was cancelled.