PRABHA RANI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Braj Kishore Prasad, Senior Counsel appearing on behalf of the petitioner as also learned Addl. P.P. appearing on behalf of the State.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceedings of P.C.R. No. 429 of 1995 including the order dated 25.5.1998 passed by the learned Sub-Divisional Judicial Magistrate. Godda, by which cognizance of the offences punishable under Sections 275 and 284 of the Indian Penal Code has been taken against the petitioner.

(3.) Mr. Braj Kishore Prasad, learned senior Advocate assailed the impugned order as being illegal and wholly without jurisdiction on various grounds. Learned Counsel firstly submitted that it is totally non-application of mind by the learned Magistrate, inasmuch as he has passed the order mechanically without going through the facts of the case and without scrutinising the reliability of the evidence adduced by the prosecution. Learned Counsel secondly submitted that the petitioner is a gazetted officer and there is complete bar in taking cognizance without prior sanction of the competent authority. Learned Counsel thirdly submitted that the complaint was filed after about nine months of the occurrence and the delay has not been explained. Learned Counsel relied upon the decision of the Apex Court in the case of (M/s.) Pepsi Foods Ltd. V/s. Special Judicial Magistrate, 1998 AIR(SC) 128