YOGENDRA SHARMA, SON OF LATE INDRADEO TIWARY, R/O M.B., 14 NEW M TYPE, P.S. ADITYAPUR, TOWN JAMSHEDPUR, DISTRICT SINGHBHUM (EAST) Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by order dated 13.01.2004 in Complaint Case No. 09 of 2003 whereby, Chief Judicial Magistrate, Simdega took cognizance of the offence under Sec. 379/500/509 IPC, the present Criminal Miscellaneous Petition under Sec. 482 Crimial P.C. been filed by the accused-applicant.

(2.) Heard the learned counsel for both the sides and perused the documents on record.

(3.) The learned counsel for the applicant submits that the Complaint Case was filed as a counterblast to the First Information Report being Simdega P.S. Case No. 20 of 2003 registered against the complainant on 06.03.2003 for theft of electricity. It is contended that the applicant removed the defective welding machine along with other materials in discharge of his official duties and therefore, without sanction under Sec. 197 Crimial P.C., the court could not have taken cognizance of the offence as alleged in the Complaint Petition. Relying on decision in State of Haryana Vs. Bhajan Lal 1992 Supp. (1) SCC 335 , the learned counsel for the applicant submits that the Complaint Case was filed with ulterior motive to wreck vengeance against the applicant and therefore, the entire proceeding arising out of Complaint Case No. 09 of 2003 is liable to be quashed.