DEV NARAYAN GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dtd. 24/10/2016, passed by the Additional Chief Judicial Magistrate No.8, Jaipur, District Jaipur so also the proceedings, arising out of the criminal case No.708/2016 pending against the petitioner before the said Court, wherein cognizance has been taken against the petitioner under Sec. 211 IPC.

(2.) Learned counsel for the petitioner submits that the petitioner had filed a criminal complaint against certain accused officials posted at the Jaipur Vidyut Vitran Nigam Limited with regard to certain irregularities committed by him while conducting examination, wherein the answer sheets/ OMR sheet of the petitioner was exchanged by committing forgery upon him.

(3.) Counsel submits that the said complaint was sent for investigation by the learned Magistrate to the Police Station Jyoti Nagar Jaipur (South) wherein after investigation, the concerned Investigating Officer submitted final report 'Negative' and the same was accepted by the learned Magistrate, but going a step further, the SHO of the Police Station Jyoti Nagar has filed a complaint against the petitioner under Sec. 211 IPC levelling allegations against the petitioner that he has filed a false complaint before the Court to harass the alleged accused wherein after investigation, the allegations levelled by the petitioner were found to be false. The learned Magistrate, without applying his judicious mind and without passing a reasoned and speaking order, straightaway took cognizance against the petitioner under Sec. 211 IPC. Counsel submits that the offence under Sec. 211 IPC is a non-cognizable offence and as per the provisions contained under Sec. 195(1)(b)(i) Cr.P.C., the Court cannot take cognizance of an offence which is punishable under Sec. 211 IPC unless a complaint is made by the Court concerned and herein the instant case, no such complaint was made by the concerned Court, hence, under these circumstances, the impugned proceedings arising out of the complaint, submitted by the Investigating Officer, are not tenable and are liable to be quashed and set-aside.