HAZRAT ALI Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The petitioner had filed Complaint Case No. 420 of 2008 before the learned Chief Judicial Magistrate, Katihar against opposite party no. 2 to 5. The said complaint petition was transmitted under Section 156(3) Cr.P.C. for institution of an FIR. Accordingly, Mansahi P.S. Case No. 17 of 2008 was registered. On 15.04.2008, the petitioner filed the protest petition in Mansahi P.S. Case No. 17 of 2008. After investigation of the case, the police submitted a report under Section 173 Cr.P.C. that allegation is palpably false and petitioner is liable to be prosecuted for offences under Sections 182 and 211 of the Indian Penal Code. The said report was registered as C-II 200 of 2008.

(3.) The protest petition filed by the petitioner dated 15.04.2016 was converted into Complaint Case No. 711 of 2010. After inquiry under Section 202 Cr.P.C., the accused persons were summoned to face trial by order dated 29.07.2011. In the official complaint i.e. C-II 200 of 2008 show cause notice was issued to the petitioner but the petitioner did not respond to the show cause. Hence, the learned courts below passed the impugned order dated 11.07.2011 that prima facie case under Sections 182 and 211 of the Indian Penal Code is made out against the petitioner and accordingly, summon was directed to be issued against the petitioner.