DHANESHWAR MAHTO @ DHANESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though this application was admitted vide order dated 26.09.2016, the matter has been listed under the heading "For Admission" Mr. Bamdeo Pandey, learned counsel appearing for the petitioners and Mr. Harish Kumar, learned counsel appearing for opposite party no. 2 submitted that the matter may be finally heard and disposed of.

(2.) With the consent of the parties, the application filed under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") on behalf of three petitioners for quashing the order dated 07.02.2013 passed by the learned Judicial Magistrate, 1st Class, Jamui in Complaint Case No. 525 C of 2011 whereby finding a prima facie case to be made out against the petitioners summonses were issued under Sections 147, 149, 341 and 379 of the Indian Penal Code (for short "IPC") has been taken up for hearing and disposal.

(3.) Learned counsel for the petitioners submitted that initially, on the basis of written report submitted by the informant Upendra Prasad Singh, Sikandra P. S. Case No. 218 of 2008 was registered under Sections 147, 149, 341, 323, 504, 506 and 379 of the IPC against the petitioners. However, on completion of investigation, the police found the accusation made against the petitioners to be false and, accordingly, a final report under Section 173(2) of the Cr.P.C was submitted by the investigating officer in the court of Magistrate recommending initiation of a proceeding under Sections 182 and 211 of the IPC against the informant. Since a protest petition was filed by the informant of the case during investigation, making allegation that the investigation was not fair and impartial while accepting the final report submitted by the police, the learned Magistrate directed the protest petition to be registered as a complaint. He submitted that even though no witness has come forward to support the case of the informant during investigation, the learned Magistrate summoned the petitioners in the complaint case, which is malicious, vexatious and oppressive.