BIDHU BHUSHAN DWIVWDI Vs. STATEOF BIHAR

JUDGEMENT

(1.) Heard Mr. Tapen Sen, appearing for and on behalf of the petitioner and also heard Mr. K.S. Mazumdar for and on behalf of the State.

(2.) Prayer has been made in this petition under Section 482 Cr. PC for quashing of entire criminal proceeding against the petitioner in connection with a complaint case No. C (iii) 315/1992 under Sections 182 and 211 of the Indian Penal Code together with the order dated 12-10-1992 passed in the case taking cognizance by the Chief Judicial Magistrate, Ranchi.

(3.) The case, in brief is that on 8-6- 89 the petitioner lodged a FIR before the Officer-Incharge, Doranda Police Station against one Hardayal Sahu regarding commission of an offence under Sections 25 and 26 of the Arms Act. The petitioner happened to be Inspector of police at the relevant time. The case was investigated and it could be found that there were legal lacuna in the case and, as such, final report was submitted. It has not been stated that the case was false on the face of it but then there were recommendation by the higher authorities of the Police Department including the opposite party No. 2 for lodging the complaint against the petitioner in appropriate Court for filing of false case as (Sic) under Sections 182 and 211 of the Indian Penal Code. On such recommendation being made, one Sri Nirmal Kumar Singh, Junior Sub-Inspector attached with the Doranda Police Station has filed a complaint against the petitioner as contained in Annexure-5. It is stated in the complaint petition that the petitioner had lodged a false case against Hardayal Sahu, although final form had been submitted and while recommending the case by the higher authorities, it is only stated that there was legal lacuna in lodging the prosecution by the petitioner. Some behind-the-screen facts have been stated in the petition as to why this complaint petition has been filed against the petitioner, but being a Court of law I am not concerned with such behind -screen-stories.