SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

(2.) The petitioner is seeking quashing of the order dated 14.05.2014 passed by the learned Sessions Judge, Sitamarhi Camp at Rosera in Criminal Revision No.1237 of 2014 by which he has rejected the application preferred by this petitioner for setting aside the order taking cognizance dated 13.03.2014. passed by the learned A.C.J.M., Rosera in Rosera P.S.Case No. 09 of 2013. By order dated 13.03.2014, the learned A.C.J.M., Rosera took cognizance for the offence under Sections 119, 120 and 120-B of the Indian Penal Code and decided to summon the petitioner.

(3.) Learned Senior Counsel representing the petitioner submits that initially First Information Report giving rise to Rosera P.S.Case No. 9 of 2013 was lodged by the opposite party no.2, who is himself an Advocate in Rosera Civil Courts at Rosera. A perusal of the contents of the FIR would show that according to opposite party no.2, on 01.12.2012 there was a declaration by the Chief Minister of the State of Bihar that there will be Three Days' State Mourning and public holidays on 1.12.2012 due to death of the then Hon'ble Prime Minister of India, namely, Shri Indra Kumar Gujral. The opposite party no.2 alleged that at the relevant time this petitioner was posted as Sub- divisional Officer at Rosera. He along with other officials named in the FIR acted in violation of the declaration and direction issued by the Chief Minister of Bihar and in violation of the direction, so issued, the accused persons indulged in celebrating the 36th Foundation Day of Rosera Subdivision on 1.12.2012.The allegation is that this accused was himself in dress like a bridegroom and inaugurated the function by cutting a cake. The informant- opposite party no.2 further stated that there was a newspaper report published in Hindustan daily that on one had there was a State Mourning but on the other hand the Sub-divisional Officer was cutting the cake. The whole allegation in the FIR is that this act of the accused is in total violation of the direction of the State Government and it was a result of conspiracy entered into by the accused persons. The informantopposite party no.2 further explained in the FIR that there was another news which disclosed that on the same day the then Hon'ble Chief Justice of Patna High Court had inaugurated Sheohar Civil Courts in a very simple and plain manner but the accused persons, in the present case, violated the declaration of the State Government.