PRASHANT KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned A.P.P. for the State.

(2.) THE petitioner is aggrieved by the order dated 22.8.2012 passed by learned Sub-Divisional Judicial Magistrate, Deoghar, in T.R. No. 1240 of 2012, whereby upon the case being remanded by the Revisional Court below, the Trial Court below has found the prime facie case against the complainant opposite party No. 2 only under Section 182 of the Indian Penal Code and has held that no offence can be said to be made out for the offence under Section 211 of the Indian Penal Code, in view of the bar under Section 195(1)(b) of the Cr.P.C.

(3.) LEARNED counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal, inasmuch, as the complaint petition was filed against the petitioner for the offence under Section 436 of the IPC also, which is punishable by imprisonment for life, or imprisonment for ten years, and fine. Learned counsel has submitted that the said offence was committed with respect to the petitioner and accordingly, there is no bar under Section 195(1)(b) of the Cr.P.C., as actually no offence was committed in relation to the Court concerned and as such, the bar for taking cognizance under Section 195(1)(b)(i) of the Cr.P.C., shall not operate in the facts of this case.