CRIMINAL MISCELLANEOUS No.6848 OF 2003
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In the matter of an application under Section
482 of the Code of Criminal Procedure,1973.
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NAND KISHORE PRASAD SINGH SON OF LATE BRIJ NANDAN
SINGH, RESIDENT OF VILLAGE BUSHWAR, P.S. BIBHUTIPUR,
DISTRICT SAMASTIPUR.
... ... PETITIONER.
Versus
THE STATE OF BIHAR ... OPPOSITE PARTY.
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For the Petitioner : Mr. Basant Kumar Choudhary, Adv.
For the State : Mrs.Anita Kumari Singh,A.P.P.
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P R E S E N T
THE HON’BLE MR. JUSTICE RAKESH KUMAR
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Rakesh Kumar,J. The sole petitioner, while invoking
inherent jurisdiction of this Court under
Section 482 of the Code of Criminal
Procedure, has prayed for quashing of an
order dated 18.12.2002 passed by the Chief
Judicial Magistrate, Begusarai in Mansoorchak
Non F.I.R. No.1 of 2002. By the said order,
the learned Magistrate has taken cognizance
of the offence under Sections 182 and 211 of
the Indian Penal Code.
2. Short fact of the case is that on
the basis of written report submitted by the
petitioner, an F.I.R. vide Mansoorchak P.S.
Case No.106 of 2002 was registered on
7.9.2002 for the offence under Section 379 of
the Indian Penal Code against three named
accused persons. It was alleged in the F.I.R.
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that while the informant was returning by a
Scooter, the three named accused persons
intercepted the informant and they took
forcibly Scooter as well as Rs.12,000/- from
the pocket of the petitioner. In the first
information report, the informant has also
disclosed that the accused persons while
forcibly taking away Rs.12,000/- from the
pocket of the informant, had said that since
the accused persons were earlier made
accused, for the legal expenses it was
necessary to take money. After registering
F.I.R., police thoroughly investigated the
same. During investigation, it was found that
due to old litigations, the present case was
cooked up by the informant and as such a
final report was submitted mentioning therein
the case as un-true. Besides filing final
report, the police also lodged prosecution
report vide Mansoorchak Non F.I.R. No.1 of
2002 on 31.10.2000. After filing of the
complaint, the learned Chief Judicial
Magistrate, by its order dated 18.12.2002,
took cognizance of offence under Sections 182
and 211 of the Indian Penal Code and
transferred the case to the court of Shri
K.K. Sinha, Judicial Magistrate, Ist Class,
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Begusarai.
3. Aggrieved with the order of
cognizance and proceeding, the petitioner
approached this Court by filing the present
petition. It was admitted on 20.10.2003.
While admitting, it was directed that during
the pendency of this application, further
proceeding pending in the court of the
Judicial Magistrate, Ist Class, Begusarai in
Tr. No.1125 of 2003 shall remain stayed.
Order of stay is still continuing.
4. Learned counsel for the petitioner, while pressing the present petition, submits that even while the investigation was going on, the petitioner was apprehending that police may not do
justice with the investigation and as such he
had filed a protest petition. Learned counsel
for the petitioner submits that once protest
petition was filed, the learned Magistrate
was not required to proceed with the case
against the petitioner and as such the order
of cognizance is liable to be set aside.
5. Smt. Anita Kumari Singh, learned
Additional Public Prosecutor appearing on
behalf of the State has opposed the prayer of
the petitioner.
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6. Besides hearing learned counsel
for the parties, I have also perused the
materials available on record. Along with the
petition, there is nothing on record to show
as to whether protest petition was ever
treated as complaint case nor it has been
argued by learned counsel for the petitioner
that protest petition was treated as
complaint case and court has proceeded with
the complaint case. In absence of such
material, the court is of the view that while
taking cognizance, by its order dated
18.12.2002, the learned Magistrate has
committed no error. I do not find any merit
in the present petition and petition stands
rejected.
7. In view of rejection of this
petition, interim order of stay dated
20.10.2003 stands automatically vacated.
8. Let a copy of this order be sent
to the court below forthwith.
( Rakesh Kumar,J.)
PATNA HIGH COURT
Dated 6.9.2010
N.A.F.R./N.H.