CRIMINAL MISCELLANIOUS No.26353 OF 2004
IN THE MATTER OF AN APPLICATION UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE.
PRIYA RANJAN SHRIVASTAVA, SON OF LATE RAMESHWAR NATH SRIVASTAVA,
RESIDENT OF ADAMPUR CHOWK, POLICE STATION - KOTWALI, DISTRICT -
BHAGALPUR.
---------Petitioner
Versus
THE STATE OF BIHAR
---------Opposite Party
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For the Petitioner : Mr. Shiwesh Chandra Mishra, Adv.
For the State : Mr. Matloob Rab, APP
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P R E S E N T
THE HON’BLE MR. JUSTICE AKHILESH CHANDRA
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Akhilesh Chandra, J. Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for
the State.
2. Supplementary affidavit has been
filed on behalf of the petitioner.
3. This is an application under Section
482 of the Criminal Procedure Code seeking
quashing of order dated 18.12.2002 passed by
learned Chief Judicial Magistrate, Bhagalpur in
Tilakmanjhi Bhagalpur P.S. Case No. 113/2002,
non-First Information Report Case no. 02/2002,
taking cognizance for the offences under
Section 182, 211 of the Indian Penal Code
against the petitioner.
4. Admittedly, at the instance of the
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petitioner Kotwali P.S.Case No. 446/2001 under
section 341, 342, 323, 379, 504/34 of the
Indian Penal Code was instituted wherein police
after investigation not only submitted final
form but also recommended action to be taken
against informant under section 182,211 of the
Indian Penal Code for which separate prayer was
to be made.
5. The Petitioner filed protest
petition against such submission on final form
but after hearing not only the final form was
accepted but by same order dated 16.11.2001,
the protest complaint was also refused giving
rise to criminal revision no. 542/2002 before
learned Sessions Judge, Bhagalpur, which
ultimately appears allowed, vide order dated
07.05.2003, passed by the learned 4th
Additional Sessions Judge, Bhagalpur, to the
extent that court below was directed to record
statement of the complainant and witnesses and
thereafter pass appropriate order treating the
protest petition as a complaint case.
6. In view of the above Complaint Case
No. C677/2003 was instituted wherein after
examining the witnesses and other materials
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vide order dated 08.08.2003 cognizance was
taken for the offences alleged.
7. Against the above order dated
08.08.2003, accused persons there preferred
Criminal Miscellaneous No. 27523/2003 before
this court seeking quashing of the order with a
liberty to raise their points at appropriate
stage before appropriate forum, the same
appears dismissed as withdrawn vide order dated
12.05.2004.
8. No doubt, before taking cognizance
for the offences against the accused persons
named in Kotwali P.S. Case No. 466/2001, was
taken, in pursuance of protest complaint
petition, the court blow took cognizance for
the offence under section 182, 211 of the
Indian Penal Code which is under challenge
here.
9. Once the court of competent
jurisdiction finding prima facie case against
the accused persons for the offences, the case
was instituted earlier but police submitted
final form. It cannot be said that the
informant petitioner had no reason to get the
case instituted and he is liable for the
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prosecution as recommended under section 182,
211 of the Indian Penal Code.
10. In view of the above, if the
impugned order and the proceeding of
Tilakmanjhi Bhagalpur P.S. Case No. 113/2002
non-F.I.R. Case No. 02/2002 is permitted to
continue, it shall be nothing but abuse of the
process of law and sheer wastage of precious
judicial time.
11. Accordingly, the impugned order is
hereby quashed and this application stands
allowed.
Patna High Court (Akhilesh Chandra, J.)
Date: The 6th August
2010
Rajeev/