Seikh Nazir v. The State Of Bihar

The State Of Bihar. Seikh Nasarullaha @ Nasarullah Khan son of Seikh Abdul, resident of Village-Bhathaura, P.S.-Bagaha, District-West Champaran. .... .... Opposite Parties ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 7 05-04-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 24.07.2008, passed in Criminal Revision No. 103 of 2006 by the Additional Sessions Judge, Bagaha, West Champaran, allowing the aforesaid criminal revision, preferred by the opposite party no. 2, Seikh Nasarullaha @ Nasarullah Khan, against the order dated 01.03.2006, passed in Official Complaint Case No. 01 of 2006 by the Court of Additional Chief Judicial Magistrate, Bagaha, West Champaran, taking cognizance for the offence under Sections 182 and 211 of the Indian Penal Code. Learned counsel appearing on behalf of petitioner submits that in fact, the petitioner was made accused in Bagaha Patna High Court Cr.Misc. No.37937 of 2008 (7) dt.05-04-2012 P.S. Case No.

9 of 2005, as lodged by the opposite party no. 2 and in that case, after investigation, police submitted the final form with complaint to proceed against the informant/opposite party no.2, Seikh Nasarullaha @ Nasarullah Khan for the offence under Sections 182 and 211 of the Indian Penal Code. In Official Complaint Case No. 01 of 2006, the learned Additional Chief Judicial Magistrate, Bagaha, took the cognizance for the offence under Sections 182 and 211 of the Indian Penal Code, but the learned Additional Sessions Judge illegally allowed the Criminal Revision No. 103 of 2006, preferred by the opposite party no. 2, Sheikh Nasarullaha @ Nasarullah Khan against the cognizance order dated 01.03.2006. On perusal of the impugned order, it appears that in Bagaha P.S. Case No. 09 of 2005, instituted on the basis of the information of the opposite party no. 2, Seikh Nasarullah @ Nasarullah Khan, police submitted final form with complaint to proceed against the opposite party no.

2 for the offence under Section 182 and 211 of the Indian Penal Code but the protest petition of opposite party no. 2, was treated as Complaint Case No. 154-C of 2006 and the same was pending in the course of enquiry. In the meantime, the Additional Chief Judicial Magistrate took the cognizance of the offence under Sections 182 and 211 of Patna High Court Cr.Misc. No.37937 of 2008 (7) dt.05-04-2012 the Indian Penal Code in Official Complaint Case No. 01 of 2006 on 01.03.2006. The opposite party no. 2 preferred the Criminal Revision No. 103 of 2006 against the said order. The Additional Sessions Judge, Bagaha allowed the aforesaid criminal revision through impugned order dated 24.07.2008, setting aside the cognizance order dated 01.03.2006 taking into consideration the protest petition of opposite party no. 2, bearing Complaint Case No. 154-C of 2006 pending for enquiry in the Court of Additional Chief Judicial Magistrate, Bagaha.