RAM PRASAD SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Ram Prasad Sahani has been found guilty for an offence punishable under Section 182 IPC and sentenced to undergo S.I. for one month, under Section 211 IPC and sentenced to undergo S.I. for four months along with a fine appertaining to Rs.500/- in default thereof to undergo S.I. for seven days, additionally, with a further direction to run the sentences concurrently vide judgment of conviction dated 23.01.2009 and order of sentence dated 24.01.2009 passed by Additional Sessions Judge, FTC-VI, Sitamarhi in Sessions Trial No.86 of 2007/15 of 2017.

(2.) At an initial stage, appellant/accused filed Complaint Petition No.128/2004 for an offence punishable under Section 364 of the IPC against Nagendra Thakur and others for kidnapping his son which was sent to the concerned Police Station for registration and investigation, as provided under Section 156(3) of the Cr.P.C. whereupon, Pupri P.S. Case No.60/2004 was lodged followed with an investigation. It is further evident that after concluding investigation, final report was submitted in accordance with Section 173 of the Cr.P.C. divulging the case to be false simultaneously, a prosecution report was filed by the Investigating Officer of the case for prosecuting the appellant/accused/appellant Ram Prasad Sahani for an offence punishable under Section under Section 182/211 of the IPC on 24.01.2005. It is further evident from the record that earlier to filing of the police report, protest petition was already filed on behalf of appellant/accused on 01.07.2004. The most surprising feature, as is evident from the order dated 02.02.2005 is that, after hearing the learned counsel for the appellant/accused/informant, the learned Magistrate took cognizance of an offence punishable under Section 182, 211 of the IPC side by side also registered Complaint Case No.28/2005 over the protest petition and further, observed that till the hearing as well as final order to be passed over Complaint Case No.28/2005 issuance of summon is stayed without giving any kind of finding relating to final report.

(3.) From the record, it also transpires that after conclusion of inquiry under Section 202 of the Cr.P.C., the complaint was dismissed under Section 203 Cr.P.C. against which criminal revision number 110/2006 was filed and the same was also rejected vide order dated 02.09.2006. Then thereafter, the matter proceeded, commitment was done and after trial, appellant/accused has been convicted in a manner, as indicated hereinabove.