IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17852 of 2004
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DR. ARJUN PRASAD SINGH --PETITIONER
Versus
THE STATE OF BIHAR --OPP.PARTY
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FOR THE PETITIONER : M/S PUSHKAR NARAIN SHAHI,
PRANJYOTI RISHI &
GAURAV PRATAP
FOR THE INTERVENOR : Mr. MANOJ KR. SINGH
FOR THE STATE : Mr. DAMODAR PD. TIWARY,
APP.
8 21.09.2010
Heard learned counsel for the petitioner, learned
counsel Additional Public Prosecutor for the State and Sri
Manoj Kumar, learned counsel for Shashikant Jha, one of
the two accused. Perused the supplementary affidavit filed
on behalf of the petitioner.
With consent of the parties this case has been
heard and it is being disposed of.
This application has been preferred under Section
482 of the Code of Criminal Procedure seeking quashing of
order dated 16th January, 2003 passed by learned Chief
Judicial Magistrate, Begusarai, in town P.S. Non-F.I.R. no.
2
4 of 2002 arising out of Begusarai Town P.S. Case no. 203
of 2002.
Undisputedly, at the instance of petitioner one
Complaint Case no. 795 C of 2002 was filed against two
persons and matter was referred before Police for institution
and investigation under Section 156(3) of the Code of
Criminal Procedure whereon Begusarai Town P.S. Case
no.203 of 2002 was instituted and after investigation the
Police not only submitted final form but also recommended
for action against the complainant-informant under Section
182 and 211 of the Indian Penal Code. One protest
complaint was also filed against the investigation and after
hearing the court below proceeded thereon. Subsequently,
on the basis of recommendation of the Investigating Officer
the court below took cognizance under Section 182 and 211
of the Indian Penal Code against the petitioner.
The protest complaint petition was numbered as
648 C of 2003. During the pendency of which one of the
two accused died and with another the case appears to have
been settled and compromise petition has been filed which
is pending disposal.
3
Once contrary to investigation protest complaint
was entertained wherein cognizance has already been taken,
law does not permit proceeding against the informant under
Section 182 and 211 of the Indian Penal Code. Thus, the
impugned order taking cognizance for offences afore-
mentioned in Begusarai Town P.S. Case no. 203 of 2002 is
hereby quashed and the application stands allowed.
(Akhilesh Chandra, J.)
AAhmad/