KUNJ BIHARI SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Cr.M.P. has been filed for quashing the order dated 7th May, 2002 passed by learned Chief Judicial Magistrate, Godda in connection with GOCR No.19 of 2002, T.R. No.1163 of 2002, whereby cognizance for the offence punishable under Sections 182 and 211 of the Indian Penal Code has been taken against the petitioner.

(2.) The fact of the case, in brief, is that the petitioner lodged a case, bearing Godda (Town) P.S. Case No.276 of 2001 dated 1st September, 2001, under Section 380 of the Indian Penal Code against unknown accused. It was contended in the first information report that theft was committed in the godown of the District Dairy Development Office, controlled and supervised by the petitioner, and the miscreants had taken away certain equipments and articles.

(3.) It is submitted that the petitioner was not served with any notice after submission of the final form in connection with Godda (Town) P.S. Case No.276 of 2001. He was completely unaware about submission of final form and, therefore, he could not able to make any protest. On the other hand, learned Chief Judicial Magistrate took cognizance against the petitioner by the order impugned and proceeded ahead. Since the petitioner was not given opportunity to make protest, cognizance taken against him in connection with GOCR No.19 of 2002 is bad in law and against the principle of natural justice. Therefore, entire criminal prosecution of the petitioner arising out of GOCR No.19 of 2002 as well as the order taking cognizance dated 7th May, 2002 are liable to be quashed.