DOMAN SAH, SON OF LATE FOJDAR SAH @ FODAR SAH, RESIDENT OF VILLAGE KOKRA, P.O. BALBADDA, P.S. BALBADDA, DISTRICT GODDA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with GOCR No. 42 of 2011 arising out of Meharma (Balbadda) P. S. Case No. 136 of 2011 including the order dated 24.10.2011 passed by Sri S. N. Lamay, learned Judicial Magistrate, 1st Class, Godda whereby and where under cognizance has been taken for the offences punishable under Sections 182/211 of the Indian Penal Code.

(2.) A complaint case was instituted by the petitioner being P.C. R. Case No. 508 of 2011 which was sent to the police for institution of a First Information Report under the provisions of Sec. 156 (3) of the Code of Criminal Procedure pursuant to which Meharma (Balbadda) P.S. Case No. 136 of 2011 was instituted.

(3.) After investigation, since the allegations were found to be false, police had submitted final form being Final Form No. 40- of 2011 dated 20.09.2011. Pursuant to submission of the final form vide order dated 08.10.2011 notice was served upon the petitioner to which a protest-cum-complaint petition was filed on 16.01.2012. In the meantime, a recommendation was made by the Investigating officer on 21.10.2011 for initiating a proceeding under Sections 182/211 of the Indian Penal Code against the petitioner and vide order dated 24.10.2011 passed in GOCR No. 42 of 2011 cognizance was taken for the offences punishable under Sections 182, 211 of the Indian Penal Code. The final form which was submitted by the police was accepted by the learned court below on 16.01.2012 and pursuant to the protest-cum-complaint petition filed by the petitioner after conducting an enquiry cognizance was taken for the offences punishable under Sections 323, 379, 504 of the Indian Penal Code in terms of the order dated 11.07.2012.