RAMADHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner, by way of this application under section 482 of the Cr. P.C., has challenged the order dated 28.04.2014 by which the learned Judicial Magistrate, Sherghati, Gaya has taken cognizance under Sections 171(H) of the Indian Penal Code, 3/4 of the Bihar Prevention of Defacement of Property Act, 1985 and 127(A) of Representation of the People Act, 1951 in connection with Imamganj P.S. Case No. 22 of 2014.

(2.) The brief facts of this case is that on the basis of the written application of the informant, the then Block Education Officer-cum-Sector Magistrate, Imamganj, Gaya, on 12.03.2014, an F.I.R. is lodged alleging therein that during the movement of the said area, the informant found that a poster/banner of Bhartiya Janta Party (Aurangabad Constituency) and the name of the petitioner, Sri Ramadhar Singh, Ex-Minister, Govt. of Bihar, as Nivedak was hanged/pasted on an electric Pole at Guriya Bazar, Imamganj, Gaya. It is further alleged that on the occasion of Lok Sabha Election, 2014, the Code of Conduct was implemented. The petitioner has violated the Code of Conduct. Therefore, the informant has advised to the S.H.O., Imamganj Police Station, Gaya to register an F.I.R. under the appropriate sections of the Act and Statutes against the Bhartiya Janta Party and responsible person.

(3.) Learned counsel for the petitioner submits that at the time of lodging an F.I.R., the petitioner was member of the Legislative Assembly, Aurangabad and he has no concern at all with respect to the place where the alleged poster/banner was hanged/pasted upon the electric Pole near about Guriya Bazar, Imamganj, Gaya. It is also submitted that the petitioner is the representative of Aurangabad Assembly area and the said F.I.R. had been lodged in Imamganj Police Station, which comes within the area of Imamganj Assembly. Further he submits that the whole prosecution story has been procured by the informant's side having ill motive and mala fide intention towards the petitioner and he has falsely and deliberately been implicated in the instant case. Further submission is that the said F.I.R. has been lodged on the basis of the alleged poster/banner, upon which only name of the petitioner was written. It does not mean that the posted/banner was hanged on the Pole situated at Guriya Bazar, Imamganj, Gaya by the petitioner himself. It is also submitted that it may be presumed that the said allegation, which has been made in the alleged F.I.R. that the poster/banner was pasted/hanged on the electric Pole upon which the name of the petitioner was written is true then what is the motive for the same because the petitioner has no concern with the area. It may be pasted/hanged on the electric Pole by the person, who has ill motive towards the petitioner or the same might be done in connivance with the informant's side having malice intention towards the petitioner. Learned counsel appearing on behalf of the State opposes the application by contending that there is allegation of violation of Code of Conduct against the petitioner and the Court below after going through the materials available on record has rightly taken cognizance. Therefore, the order dated 28.04.2014 passed in connection with Imamganj P.S. Case No. 22 of 2014 does not require any interference.