NAND KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner lodged Kesaria P.S. Case No. 21/2002 under Section 307/34 of I.P.C. against certain accused persons on 24.2.2002. On 28.3.2002, the Investigating Officer submitted the prosecution report after investigation that the allegations were untrue, recommending proceedings against the petitioner under Sections 182 and 211 of the Indian Penal Code. The learned Chief Judicial Magistrate initiated Case No. NF20/ 2002, Trial No. 2836/2006 and passed orders of issuance of show cause notice to the petitioner. Without proper service of the same on him cognizance was then taken against him under Sections 182 and 211 of I.P.C. on 13.11.2006. Apprehending foul play on the part of the Police, the petitioner had filed a Protest -cum - Complaint Petition on 18.3.2002 which came to be registered as Case no. Enquiry 221/2002/C - 1826/2002 with regard to the same occurrence. By an order dated 23.7.2003 after enquiry the Magistrate took cognizance in the Protest -cum -Complaint Case under Sections 447 and 504 of I.P. C. against the accused persons.

(3.) LEARNED counsel for the petitionersubmits that under Section 195(1)(b) cognizance could not have been taken by the Magistrate under Section 211 of I.P.C. except on a complaint in writing of the Court concerned. The submission is that the offence thereunder, if any, was committed by the petitioner in relation to a proceeding in a case arising out of Kesaria P.S. Case No. 21/2002. He relies upon a decision of the Supreme Court reported in A.I.R. 1979 SC 777 (Kamalapati Trivedi V/s. The State of West Bengal) followed by a Bench of this Court in 2007(2) BBCJ 328 (Bir Bahadur Singh V/s. State of Bihar).