RAVI SHANKAR VIDYARTHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Onkar Nath Tiwary, learned counsel for the petitioner and Mr. V.S. Sahay, learned counsel for the State.

(2.) The present petition has been filed for quashing of entire criminal proceeding including order taking cognizance dtd. 15/6/2011 passed in connection with G.O.C.R. No. 154 of 2006, corresponding to T.R. 840 of 2013 whereby the learned court has been pleased to take cognizance under Sec. 182 and 211 of the Indian Penal Code against the petitioner, pending in the Court of learned Chief Judicial Magistrate, Deoghar.

(3.) Mr. Onkar Nath Tiwari, learned counsel for the petitioner submits that the petitioner has lodged the F.I.R. against two accused persons on the instruction of Additional Collector, Deoghar and the said case was investigated by the police in which final form was submitted showing the case untrue and recommendation was made for prosecution against the petitioner under Sec. 182/211 of the I.P.C. He further submits that the final form was accepted by the learned court and without issuing any notice to the petitioner cognizance has been taken. He further submits that no opportunity was provided to the petitioner and cognizance has been taken which is against the mandate of law.