RAMAVTAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned APP for the State.

(2.) This application has been filed for quashing the order of cognizance dated 29.11.2010 passed by learned Judicial Magistrate-1 st Class, Jhanjharpur (Madhubani) in Jhanjharpur nonFIR case No. 298 of 2007 and also the order dated 17.01.2012 by which charge has been framed against the petitioner under Section 182 and 211 of the Indian Penal Code.

(3.) Counsel for the petitioner has submitted that initially the petitioner had filed a complaint which was sent to police station. The Police registered Andhra Thari P.S. Case No. 20/2007 dated 15.02.2017 under Sections 147, 148, 149, 341, 342, 323, 504, 506 of the IPC. The police after investigation submitted final form in the case, holding that the case instituted by the petitioner was false. The aforesaid final form submitted by the police, was accepted by the learned A.C.J.M., Jhanjharpur by the order dated 14.05.2008 (Annexure-5). Thereafter, the I.O. has filed a petition before the ACJM on 22.06.2007 for initiating proceeding under Section 182/211 of the Indian Penal Code against the petitioner, who was informant in Andhra Thari P.S. Case No. 20 of 2007 arising out of C.R. No. 640 of 2005.