UPENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is aggrieved by the order dated 26.8.2000 passed by learned Additional Chief Judicial Magistrate, Koderma in Koderma P.S. Case no. 375 of 1999 corresponding to G.R. No. 818 of 1999, whereby cognizance has been taken against the petitioner for the offence under Sections 181 (sic, it should be 182) and 211 of the Indian Penal Code, even though the protest petition filed by the petitioner was not disposed of by the Court below.

(2.) The facts of this case lie in a short compass. The petitioner had lodged a F.I.R- making out offence under Sections 143, 341, 506 and 379 of the Indian Penal Code against the accused persons, which was registered as Koderma P.S. Case no. 375 of 1999 corresponding to G.R. No. 818 of 1999. It appears that after investigation of the said case, final form was submitted by the police stating the case to be false. The police also submitted a report against the petitioner for the offence under Sections 182 and 211 IPC. It also appears that in the meantime, the petitioner had filed a protest petition, which was treated as complaint, and was registered as Complaint Case No. 200 of 2000, for the same allegations as made in the F.I.R.

(3.) The learned Additional Chief Judicial Magistrate, Koderma by order dated 26.8.2000 accepted the final form submitted by the police and also directed that the complainant may examine his witnesses under Section 202 Cr.P.C. in the complaint case and the case was fixed for 8.9.2000 for recording the statement of the complainant on solemn affirmation. However, it appears that by another order dated 26.8.2000 itself, the Court below took cognizance for the offence under Sections 182 and 211 I.P.C. against the petitioner as well.