KISHORE KUNAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, who resigned from the services of IPS ten years prior to the age of his superannuation, has filed this revision application for quashing the composite order dated 4.10.2005 passed by Shri K.K. Singh, Judicial Magistrate Ist Class, Begusarai in Complaint Case No. 1578(c) of 2000 by which cognizance of offence under Section 500 of the Penal Code has been taken and process under Section 204 Cr.P.C. has been issued to face the trial.

(2.) IT would appear from the very complaint, that a report sent by the petitioner in his capacity as I.G. (CISF) Barauni, in January 1997 to the Home Ministry, and his alleged leaking to the press has culminated into his prosecution under Section 499 of the Penal Code.

(3.) IT will appear from the materials on record that though the complaint was filed on 21.12.2000, the complainant appeared for Solemn Affirmation (S.A.) under Section 200 Cr.P.C. on 10.5.2002, almost after 11/2 years, and thereafter case was transferred to the Court of the concerned Judicial Magistrate, Ist Class for enquiry, under Section 192(1) Cr.P.C. Two witnesses namely P.W.1 Basisth Narain Singh, and P.W.2 Ashok Kumar Singh were examined on 21.5.2002 and 22.11.2004 respectively. The learned Magistrate by order dated 4.10.2005, took cognizance of offence under Section 500 of the Penal Code and summoned the petitioner to face trial. A petition for recall of the order dated 21.10.2005 and dropping of the proceeding was also rejected by order dated 17.4.2007.