AAZAM ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two petitioners who are not named in the original FIR of Minapur P.S. Case No. 103 of 1984 but whose name figures in the charge-sheet are aggrieved by order dated, 7th April, 2006 passed therein by the learned Chief Judicial Magistrate, Muzaffarpur, whereby he has taken cognizance of offences under Sections 409,406 and 420 IPC and have prayed for the quashing of the same.

(2.) Briefly stated, the prosecution case is that the Block Development Officer, Minapur had given a written report to the Officer In-charge of Minapur P.S. to institute a case against Lalan Prasad Singh and Manzar Alam, two Assistants, in-charge of Files and Registers in the Office, who had misplaced the files and registers of the years 1980 to 1983 and they had proceeded for long unauthorized leave. It was also alleged that in the F.I.R. that the accused persons had defalcated the amount of seeds.

(3.) The submission on behalf of the petitioners is that they are innocent, have committed no offence whatsoever and have been falsely implicated in this case. It was sought to be pointed out that the charge-sheet learned Chief Judicial Magistrate had taken cognizance under Sections 409,406 and 420 I.P.C; without applying his judicial mind and from the same it is amply clear that the taking of cognizance is barred by limitation. It has also been alleged that the aforesaid case had been filed by the informant only to save his skin. It was further sought to be submitted that notwithstanding the passage of almost 24 years no effective progress has been made in the case and no one knows how much time the trial is bound to occupy and it was extremely doubtful whether it will at all result in conviction. According to the learned counsel for the petitioners no gainful purpose will be served by allowing the prosecution to continue.