MOHD SAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The order dated 9.9.1987 passed by Shri A.K. Sinha, Sub-Divisional Judicial Magistrate, Chatra in Chatra P.S. Case No. 59 of 1987 corresponding to G.R, Case No. 237/87 has been sought for quashing under Section 482 Cr.P.C.

(2.) By the impugned order, the report submitted by the police has been accepted and on the basis of the recommendations made by the Investigating Agency, cognizance has been taken by the Magistrate concerned to prosecute the petitioner under Section 182/211 IPC in non F.I.R. No. 3/87 and notices were issued to the petitioner to stand trial far the same.

(3.) The facts are very simple. In the month of May, 1987 the petitioner was working as Range Officer in Chatra Division of the Forest Department and in course of his duty, he came to know at about 1.00 A.M. in the night between 28th and 29th May, 1987 from an employee of the Forest Department that some unknown persons had set fire to the Kendu leaves assembled there in the jungle and in that connection be went there to enquire about the same and he came to know that 15 unknown persons had set fire. On the basis of that information, an F.I.R. was lodged by the petitioner to police on 29.5.1987, and a case was registered against unknown persons under Section 147/435 IPC. After completion of investigation, police submitted a final report on 1.8.1987 under Section 173 of the Code of Criminal Procedure stating that the case in question was a false one and recommendation was made in the report itself that the informant i.e. the petitioner may be prosecuted under Section 182/211 IPC. ON receipt of such report under ' Section 173 Cr.P.C., the Magistrate concerned, by the impugned order then and there accepted the same and also took cognizance of offence under Section 182/211 IPC against the petitioner on the recommendation of the police personnel (Investigating Agency) and issued notices to the petitioner to stand trial.