KAPILDEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure has been filed to quash the order taking cognizance dated 3.1.2007 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in Rajgir PS. Case No. 126/06 thereby and thereunder the court below has taken cognizance against this petitioner and others under Sections 420, 466, 471 and 120B of the Indian Penal Code.

(2.) IT appears that there was a proceeding under Sec.107 of the Code of Criminal Procedure in the Court of Sub -Divisional Magistrate, Rajgir. In that very proceeding one Manoj Malakar was the member of 1st party. On the basis of notice issued by the court Krishna Malakar filed Hazri in the Court of Sub -Divisional Magistrate claiming himself as Manoj Malakar. This petitioner was holder of Vakalatnama on behalf of Krishna Malakar in the name of Manoj Malakar. When the matter came to the knowledge of the court, the Sub -Divisional Magistrate filed Fardbeyan before Rajgir police upon which the police registered a case under Sections 420, 467, 468, 471 of the Indian Penal Code against Krishna Malakar. However, the police after investigation submitted charge -sheet against this petitioner also. Accordingly, the court below has taken a cognizance against this petitioner vide order dated 3.1.2007.

(3.) CONSIDERED the submission of learned counsel for the petitioner and also the provisions of Sections 340 and 195(1)(b) of the Code of Criminal Procedure. In Fardbeyan there is absolutely no allegation against this petitioner. This petitioner is a practising Advocate. He accepted Vakalatnama on behalf of Manoj Malakar in good faith. There is nothing on record to show that there was any conspiracy on the part of this petitioner with Krishna Malakar to file Hazri on behalf of Manoj Malakar.