High Court Patna High Court - Orders

Dr. Arjun Prasad Singh vs State Of Bihar on 21 September, 2010

Patna High Court – Orders
Dr. Arjun Prasad Singh vs State Of Bihar on 21 September, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA

                                Cr.Misc. No.17852 of 2004

                                          _______

                 DR. ARJUN PRASAD SINGH                --PETITIONER

                                             Versus
                 THE STATE OF BIHAR                    --OPP.PARTY

                                          _______

                 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/