LAWS(PAT)-2011-12-173

ARUN KUMAR Vs. STATE OF BIHAR AND ORS

Decided On December 20, 2011
ARUN KUMAR Appellant
V/S
STATE OF BIHAR AND ORS Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Cr.P.C. has been filed by Arun Kumar, who is informant in S.K. Puri P.S. Case No. 52 of 2003, for quashing the order dated 10.11.2008 passed by learned Chief Judicial Magistrate, Patna in above stated S.K. Puri P.S. Case No. 52 of 2003 registered under Sections 120(B), 420, 465, 468 and 471 of the Indian Penal Code by which and whereunder learned Chief Judicial Magistrate, Patna allowed further investigation of the above stated S.K. Puri P.S. Case No. 52 of 2003 under Section 173(8) of Criminal Procedure Code against the petitioner.

(2.) The brief fact of the case is that petitioner gave written report to Officer-in-Charge of S.K. Puri Police Station on 15.03.2003 alleging therein that Alaknanda Sahkari Grih Nirman Samati (hereinafter referred to as Society) is a registered Society under Bihar Co-operative Societies Act, 1935. The aforesaid Society is managed by an elected management committee and the main object of the said Society is to purchase residential plots and to distribute the said plots amongst its members through registered sale deeds. The aforesaid Society purchased several bighas lands in Patna and before distribution of the said lands, its management committee superseded on 01.01.1988. It is relevant to mention here that on 10.01.1982, accused Gyan Deo Sharma was Secretary of first management committee. After superannuation of the above stated management committee, the election for consideration of fresh management committee was held on 29.11.1999 and at the time of election, accused Gyan Deo Sharma, in connivance with other accused persons, manufactured antedated forged membership receipts and share certificates of Society and on the basis of above stated forged documents, he succeeded to capture the management committee of the above stated committee and again when the election of management committee was going to be held, he along with other co-accused persons attempted to take part in the above stated election on the basis of aforesaid forged documents. On the basis of aforesaid written report, S.K. Puri P.S. Case No. 52 of 2003 under Sections 465, 468, 471, 420 and 120(B) of the Indian Penal Code was registered against 29 persons including above stated Gyan Deo Sharma. Police took charge of investigation and charge-sheet no. 139 of 2007 was submitted against six first information report named accused persons on 05.07.2007 whereas investigation in respect of the rest accused persons was kept pending and after supplementary investigation, supplementary charge-sheet no. 52 of 2008 was submitted against 16 accused persons on 20.03.2008 whereas again investigation was kept pending in respect of remaining accused persons and lastly, chargesheet no. 205 of 2008 was submitted on 21.08.2008 showing insufficient evidence against remaining accused persons whereas higher police officials directed the Investigating Officer to register a fresh case against the informant as in course of investigation it was found that in the year 1987, he along with the then Secretary and co-accused Gyan Deo Sharma executed sale deed in respect of lands of Society in favour of one minor, namely, Anupma Sharma violating the rules of the Society. It is relevant to mention here that aforesaid Anupma Sharma is also an accused of above stated S.K. Puri P.S. Case No. 52 of 2003. Again, vide Memo No. 530 dated 10.09.2008, the Additional Director General of Police, Crime Investigation Department, Patna directed the Investigating Officer to investigate the matter against the informant in above stated S.K. Puri P.S. Case No. 52 of 2003 under Section 173(8) of the Criminal Procedure Code. After the aforesaid direction, the Investigating Officer filed a petition before the Chief Judicial Magistrate, Patna for seeking permission of court to proceed for further investigation under Section 173(8) of Criminal Procedure Code. The learned Chief Judicial Magistrate, Patna vide impugned order dated 10.11.2008 permitted the Investigating Officer to proceed for further investigation under Section 173(8) of the Criminal Procedure Code against petitioner. Being aggrieved and dissatisfied with the impugned order dated 10.11.2008, the petitioner has preferred this criminal miscellaneous case under Section 482 of the Cr.P.C. before this Court.

(3.) The notices were issued to opposite parties by registered post as well as ordinary process and in due course, counteraffidavit was filed on behalf of the Opposite Party No. 5 as he was authorized by Deputy Inspector General of Police, C.I.D Co-operative Vigilance Cell, Bihar, Patna to file counter-affidavit in the present case.