MD KHURSID ANWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application filed under section 482 Cr. P.C. the petitioners have prayed for quashing the entire criminal proceeding initiated against them in connection with City P.S. case No. 454/97 for an offence under sections 323/379/504/386/34 of the Indian Penal Code pending before the Judicial Magistrate, 1st class, Dhanbad.

(2.) THE petitioners ' case is that on 18.6.97 the complainant, opposite party no. 2 along with some of his associates entered in the office of the petitioners at Katras and started abusing them and quarreling with them. The petitioners who are the sales tax officers, made a representation to the superior officers bringing to their notice the conduct of the complainant who was in the habit of creating such nuisance in the office. It is stated that on the basis of the representation made by the petitioners the Commissioner, Commercial Taxes, Bihar, accorded sanction for launching prosecution as against opposite party no. 2 in relation to the incident which had taken place on 18.6.97. Accordingly, F.I.R. was lodged on 1.8.97 against the complainant for an offence under sections 448, 353, 385 341 and 504/34 of the Penal Code which was registered as Katras PS case No. 185/97. It is stated that in the meantime, the opposite party no. 2 came to know about the aforesaid fact lodged the instant complaint case in defence before the Chief Judicial Magistrate, Dhanbad making false and frivolous allegations against the petitioners. On the basis of the said complaint and the evidences of the witnesses the Judicial Magistrate, Dhanbad took cognizance of the offence on 25.11.97 against the petitioners.

(3.) IT is well settled that in a proceeding initiated on a complaint, inherent power to quash the said proceeding can be exercised by this court only in cases where the complaint does not disclose any offence or is frivolous or vexatious. It is not necessary that there should be meticulous analysis of the case before trial to find out whether the case would end in conviction or not. If the allegation made in the complaint petition, prima facie, constitutes an offence and the Magistrate is satisfied with the allegations and the statements of the complainant and takes cognizance, then this court is not supposed to quash the cognizance on additional materials produced by the accused.