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2000 DIGILAW 596 (PAT)

Braj Nandan Singh v. State Of Bihar

2000-04-18

P.K.SINHA

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Judgment P.K.Sinha, J. 1. This petition under section 482 of the Code of Criminal Procedure has been filed by the petitioner Braj Nandan Singh, praying therein to quash the entire criminal proceeding arising out of the order dated 3.8.1994 recorded by learned Chief Judicial Magistrate, Bhojpur at Arrah in Case No.19(C)92/A-69 Tr./96 whereunder cognizance of offence against the petitioner was taken under sections 182 and 211 of the Indian Penal Code on an official complaint dated 30.1.1992 filed by Sri Bishram Sharma, Assistant Sub Inspector of Police, Opposite party No.2. 2. The fact of the case briefly stated is that Barahara P.S.Case No.19 of 1992 dated 17.1.1992 was filed by this petitioner as informant in which the police undertook investigation but, as alleged, finding police to be unfair and partial in investigation, the petitioner filed protest- cum-complaint petition (Annexure-1) 11.2.1992 in the court of Chief Judicial Magistrate, Bhojpur at Arrah in the aforesaid police case which was directed to be put up after submission of final form. 3. In its final report the police found the case to be false and recommended for action against petitioner under sections 182 and 211 of the Indian Penal Code (Annexure-2). The learned Chief Judicial Magistrate accepted the final form by order dated 30.3.1992 and directed to put up the complaint-cum-protest petition and, on basis of that, after enquiry the learned transferee Court found that there were sufficient ground for proceeding against all the accused persons for offence under section 323 of the Indian Penal Code and further against the accused Shyam Bahadur Singh under section 380 of the Indian Penal Code, and also ordered issuance of summonses against the accused. 4. Learned counsel for the petitioner has submitted that this complaint petition was pending from before and since in this case on the basis of the complaint petition cognizance of offence was taken and since the allegations in the complaint petition as well in the FIR were same, the petitioner could not have been put on trial by taking cognizance of offence under sections 182 and 211 of the Indian Penal Code by the impugned order dated 3.8.1994. For this the learned counsel has relied upon a decision in the case of State of Punjab V/s. Brij Lal Palta, AIR 1969 SC 355 . 5. For this the learned counsel has relied upon a decision in the case of State of Punjab V/s. Brij Lal Palta, AIR 1969 SC 355 . 5. It was held in that decision that since the matter was pending in the Court, cognizance of offence under section 211 of the Indian Penal Code on a complaint filed by the Police Officer was hit by the provision of section 195 of the Code of Criminal Procedure. Their lordships also observed that offence under section 182 of the Indian Penal Code was distinct from the one under section 211 of the Indian Penal Code though the latter was more serious and might include the offence under sections 182 of the Indian Penal Code also, but it would virtually lead to the circumvention of the provisions of section 195(1) (b) if the proceedings under section 182 could continue where the offence disclosed was covered by Section 211 of the Indian Penal Code and a complaint was pending, filed by the complainant, on the same facts and allegations as were contained in the First Information Report. Their lordships were pleased to allow the aforesaid appeal by quashing the proceeding in respect of the offence covered under section 182, 211 and 193 of the Indian Penal Code. In that case charge sheet against the informant was also filed for other offences, under which case was allowed to continue. 6. Learned counsel for the State conceded that the cognizance in the aforesaid circumstances is not good in law. 7. In view of the aforesaid, this application is allowed and the prosecution under section 182 and 211 of the Indian Penal Code as well the impugned order dated 3.8.1994 are hereby quashed.