VIKRAMADITYA PRASAD, J. - (1.) THIS is a petition for quashing the order dated 15.7.2002 passed by the Chief Judicial Magistrate, Dumka in PCR Case No. 272/0.1, GR No. 362/02, whereby and whereunder the learned Chief Judicial Magistrate has taken cognizance of the offence under Section 147/500/503/ 504, IPC.
(2.) IT transpires that one Balram Bhagat had filed a complaint against the petitioner alleging, inter alia, that though there was no order restraining the complainant, but the accused of that case (petitioner here) misled the police that there was an order of the Court and consequently got the work stopped and because of the stoppage of the work, there was loss caused to the complainant, besides he also intermediated him and threatened the masons working there. Since the offence disclosed was non -conginzable, it appears that the learned Chief Judicial Magistrate referred it to the police for investigation. It further transpires that after investigation, the police submitted charge -sheet of the offence under Section 182/147/500/509/504, IPC against the accused Ramanand Sah and thereon, the learned Magistrate passed the following order : - - "15.7.2002 Abhiyukt Ramanand Sah ka Pratinidhitwa Hai Jise Aaj Matr ke Liye Swikrit Kiya Jata Hai Aarop Patr Dhara 182/147/500/509/504 Bha. Da. Vi Ke Antargat Ablayukt Ramanand Sah ke Birudh Prapt Hua. Parantu Anusandhan Karta Dwara Alag Se Dhara 182 Bha. Da. Vi Ke Antargat Se Abhiyog Chalane Hetu Alag Se kisi Prakar ka Awedan Diya Gaya Hai. Aarop Patr Tatha Case Diary Ke Awlokan Se Abhiyukt Ke Birudh Dhara 147/500/503/504 Bha. Da. Vi. Pratham Drastya Me Sahi Pratit Hota Hai. Atah Bad Me Dhara 147/500/503/ 504 Bha. Da. Vi Ke Antargat Abhiyukt Ke Birudh Apradh Ka Sangyan Liya Jata Hai Tatha Abhilekh Nispadanarth Shri S.K. Choudhary, Nya. Danda. Dumka ki Sanchika Me Maine Bheja Jata Dinak 17.8.2002 Ke Purb Abhilekh Ukt Nyayalaya Awash Bheje Hain." Thus, the order passed is in two parts -first the learned Magistrate took cognizance of the offence under Section 147/500/503/ 504, IPC and secondly, he refused to take cognizance under Section 182, IPC on the ground that no complaint was filed by the Police Officer.
(3.) LEARNED counsel for the petitioner assailed the order on the ground that the impugned order had been passed in a mechanical manner without application of mind and not considering the fact that the civil suit was pending between the parties and that the opp. party in this case is a practising lawyer, who is trying to pressurize the petitioner, who is a doctor by profession.;