RAJENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The petitioner is aggrieved by an order dated 31-7-1992 passed by the learned Sub-Divisional Judicial Magistrate, Lakhisarai taking cognizance against him for the offence under Sections 182 and 211 of the Indian Penal Code (for short IPC) in Case No. 98 (C) 2/ 85. He has filed this application under Section 482 of the Code Of Criminal Procedure. 1973 (hereinafter referred to as the Code) for quashing of the aforesaid order.

(3.) Only such of the facts as are necessary for disposal of the application need be stated. According to the first information report lodged by the petitioner against opposite party No.2, the petitioner happens to be the founder Secretary of a High School. Some incident took place at about 4-5 p.m. on 30-8-1995 involving grazing of the field of the school. On the same night, at about 7.30 p.m. opposite party No.2 along with six another persons came to the school opened the door and took away certain articles mentioned in the fardbeyan. The police, on the basis of the First Information Report instituted Anari P.S. Case No. 78/85 under Sections 457 and 380 IPC. However, after investigation the police submitted final form stating that the case was false and also recommended the prosecution of the petitioner under Sections 182 and 211, of the IPC. The Investigating Officer of the case instituted non-FIR No.2 of 1985 under Sections 182 and 211, IPC against the petitioner, a photo copy of which is Annexure-I. It was forwarded to the Sub-Divisional Judicial Magistrate on 20-9-1985 and by the impugned order, cognizance was taken against the petitioner for the aforesaid offences.