DHANESH PATEL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner for quashing the order dated 27.02.2016m passed by the learned Additional Chief Judicial Magistrate, Bettiah, West Champaran in Trial No. 1698 of 2016 arising out of Purshottampur P.S. Case No. 56 of 2015 by which he has taken cognizance of the offences punishable under Sections 171(J) and 188 of the Indian Penal Code and Section 3 of the Defacement of Property Act.

(2.) It is submitted by the learned counsel for the petitioner that on the basis of the allegations made in the FIR no offence would be attracted against the petitioner. He submitted that the banner hung behind the beetle shop was meant for greetings of Ramnavami festival and was not at all connected with the election. He submitted that the said banner was in the name of Dhanesh Prasad Patel and no investigation was carried on the point that Dhanesh Prasad Patel was alias name of Dhanesh Patel. He contended that the learned Magistrate mechanically took cognizance of the offences under Sections 171(J) and 188 of the Indian Penal Code with Section 3 of the Defacement of Property Act without adverting to the facts and law involved in the case.

(3.) On the other hand, learned counsel for the State submitted that the FIR is based on the written report submitted by the Block Education Officer-cum-Magistrate Flying Squad. The informant alleged in the written report that he found a blue colour banner of 6' x 4' size with the petitioner's photograph and Ramnavami wishes at Songrahua Chowk and seized the same in presence of two independent witnesses Firangi and Shivshankar. He contended that the allegation made in the FIR was found true during investigation and the learned Magistrate took cognizance of the offence. According to him, in view of the allegations made in the FIR, which was found true during investigation, no error can be found with the order passed by the learned Magistrate whereby cognizance has been taken and the petitioner has been summoned to face trial.