BACHCHA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner herein is aggrieved by order dated 30.3.2005 passed by Shri K.R Singh, Judicial Magistrate, Gopalganj in Complaint Case No. 1787 of 2004 whereby he has taken cognizance of offence under section 500 Indian Penal Code as also the order dated 16.7.2005 passed by Sri Bipul Sinha, Judicial Magistrate, 1st Class, Gopalganj, whereby the petition of the petitioner under sec. 255 Cr.P.C. for his acquittal has been rejected and he has been directed to be physically present on the next date for hearing the substance of accusation and has prayed for quashing of the order taking cognizance as also the entire criminal proceeding.

(2.) The short question which falls for consideration is as to whether in the given situation where the parties are pattidars and cases are pending between them filing of a false case bearing Uchkagaon RS. Case No. 14 of 2004 under section 379 I.P.C. by one of the Pattidars against the other could in any way give rise to an offence under sec. 500 I.P.C.

(3.) As it appears Bachcha Rai, the petitioner herein, had filed the aforesaid Uchkagaon PS. Case alleging, inter alia that Chandeshwar Singh, Opposite Party No. 2 herein, had stolen his buffalow but the police after due investigation submitted final form stating that the case of theft appears to be true but baseless. Aggrieved thereby the complainant-opposite party no. 2 filed Complaint Case No. 1787 of 2004 alleging, inter alia, that Bachcha Rai had intentionally and maliciously filed a false and concocted case with an intention to harm his reputation and the leaned Magistrate after holding an enquiry under sec. 202 Cr.P.C. took cognizance as stated hereinbefore.