- (1.) HEARD learned counsel for the petitioner and learned A.P.P. for the State.
(2.) THE petitioner is aggrieved by the order dated 22.8.2012 passed by learned Sub-Divisional Judicial Magistrate, Deoghar, in T.R. No. 1240 of 2012, whereby upon the case being remanded by the Revisional Court below, the Trial Court below has found the prime facie case against the complainant opposite party No. 2 only under Section 182 of the Indian Penal Code and has held that no offence can be said to be made out for the offence under Section 211 of the Indian Penal Code, in view of the bar under Section 195(1)(b) of the Cr.P.C. From perusal of the impugned order, it appears that the complainant opposite party No. 2 had filed a complaint petition against the petitioner for the offences under Sections 148, 149, 323 and 436 of the Indian Penal Code. The said complaint petition was sent by the Court concerned for institution of the police case, on the basis of which, Jasidih P.S. Case No. 209 of 2005 was instituted and investigation was taken up. It appears that after investigation, the police submitted final form in favour of the petitioner finding the case to be false. The record shows that upon submission of the final form, the complainant was noticed in the case and thereafter, final form was accepted by the Court below by order dated 22.4.2006 passed in G.R. Case No. 864 of 2005 corresponding to Jasidih P.S. Case No. 209 of 2005. It appears that prior to that i.e. on 31.1.2006 itself, the Investigating Officer of the case had filed an application for taking action against the complainant for the offences under Sections 182 and 211 of the Indian Penal Code, on the basis of which, cognizance was taken against the complainant. The complainant challenged the said order before the Revisional Court and the Revision Court found that cognizance under Section 211 of the Indian Penal Code was bad in view of the clear bar under Section 195 (1)(b) of the Cr.P.C., and remanded the case back to the Court below for passing order afresh. Thereafter, the Court below has passed the impugned order dated 22.8.2012, whereby the Court below has found prime facie case against the complainant opposite party No. 2 for the offence under Section 182 of the IPC only, and has held that no action can be taken against him for the offence under Section 211 of the IPC in view of the clear bar under Section 195(1)(b) of the Cr.P.C.
(3.) LEARNED counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal, inasmuch, as the complaint petition was filed against the petitioner for the offence under Section 436 of the IPC also, which is punishable by imprisonment for life, or imprisonment for ten years, and fine. Learned counsel has submitted that the said offence was committed with respect to the petitioner and accordingly, there is no bar under Section 195(1)(b) of the Cr.P.C., as actually no offence was committed in relation to the Court concerned and as such, the bar for taking cognizance under Section 195(1)(b)(i) of the Cr.P.C., shall not operate in the facts of this case.;