MOHAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application is directed against the order of the Chief Judicial Magistrate, Gopalganj dated 20th June, 1996 in GR No. 976/5 arising out of Manjhagarh (Thana) PS case No. 117/95, taking cognizance for the offences under Sections 25 (1 - B) (a), 26 and 35 of the Arms Act, and the revisional order of the Session Judge, Gopalganj dated 27.4.98 in Cr Rev. No. 188/96 upholding the said order.

(2.) MR . Y.V. Giri learned Counsel for the petitioner submitted that the case was instituted on the written report of the petitioner; curiously, the police submitted charge sheet against the petitioner himself. It is submitted that while it is open to the police to conclude that the case instituted by the informant is false and accordingly submit final report, and also to propose his prosecution for lodging a false case under Section 182 and 211 IPC, in the present case having regard to the nature of the offence allegedly committed by the accused named in the FIR, it was not open to the police to submit charge -sheet against the informant petitioner. He also submitted that the learned Magistrate has referred to certain paragraphs of the case diary, as mentioned in the impugned order, but he did not consider the statements of Ramprit Singh, Sultan Mian and Noor Alam contained in Paragraphs 18, 19 and 20 of the Diary.

(3.) WITHOUT expressing any opinion on the merit of the submissions, in the facts and circumstances of the case, I am of the opinion that it would be the ends of justice to direct the Magistrate to pass fresh order.