LAL BABU SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Court is virtually shocked to note the gross injustice that was caused to the petitioner herein, who is now aged about 70 years.

(2.) ON 8.5.1990, the petitioner submitted a complaint before Dhanarua Police Station that when his wife was alighting from a bus, her jewellery were snatched away by one Sadanand Yadav and three unknown persons. Danarua P.S. Case No.3 of 1990 was registered and investigation was taken up. The Investigating Officer found the allegation to be true against named person and one unnamed person. It is not known as to what happened to the case so registered. However, the Investigating Officer submitted a report dated 23.8.1990 before the court of Chief Judicial Magistrate, Patna stating that though the contents of the complaint submitted by the petitioner herein against Sadanand Yadav and one unknown are found to be correct, his allegation against two unknown persons is found to be not true and that the petitioner deserves to be prosecuted under Section 182 I.P.C. for furnishing wrong information. Thereby the Investigating Officer turned his attention and focus on the petitioner, i.e., the complainant, and made him as an accused.

(3.) SUCH complaint should have virtually been shocked the conscience of the Court which received it. However, the Chief Judicial Magistrate took cognizance of the offence, through order dated 24.1.1994. As a law abiding citizen, the petitioner is attending the Court for the past more than two decades. On finding that there is no end to his misery, that too at this old age, he approached this Court by filing a petition under Section 482 of the Code of Criminal Procedure, with a prayer to quash the order dated 24.1.1994.