Case Facts:
Patna High Court Cr.Misc. No.3943 of 2012 (2) dt.10-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3943 of 2012 ====================================================== 1. Manish Chandra @ Mahesh Chandra S/O Nand Lal Singh 2. Nand Lal Singh S/O Late Jang Bahadur Singh 3. Dhanish Chandra @ Dhanish Chandra Singh S/O Nand Lal Singh 4. Renu Kumari @ Smt. Renu Devi W/O Late Satish Chandra 5. Phool Kumari Devi W/O Nand Lal Singh All Resident Of Village- Jokta, P.S.- Chandi, District- Bhojpur (Bihar) .... .... Petitioners Versus 1. The State Of Bihar 2. Jay Nandan Rai S/O Late Right Nandan Rai Resident Of Village- Haldi Chapra, Old Tola, P.S.- Maner, District- Patna (Bihar). .... .... Opposite Parties ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 10-05-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State on the point of admission and, in my view, this petition can be disposed of on admission stage itself. The petitioners have filed this petition under Section 482 of the Cr.P.C. for quashing the order dated 25.10.2011 passed by learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Chandi P.S. Case No. 71 of 2006 by which and whereunder he took cognizance of the offences under [STATUTE] differing with the reasoning given by the police officials. It would appear from perusal of the record that above Patna High Court Cr.Misc. No.3943 of 2012 (2) dt.10-05-2012 stated Chandi P.S. Case No. 71 of 2006 under [STATUTE] was registered against the petitioners and after investigation, police submitted final form showing insufficient evidence but the learned Chief Judicial Magistrate passing a detailed order differed with the reasoning of the police and passed the impugned order taking cognizance of the above stated offences. Although, learned counsel for the petitioners tried to convince me that the learned Chief Judicial Magistrate passed the impugned order without considering this fact that police could not find any material to put the petitioners on trial but I am not, at all, convinced with the aforesaid submission because the learned Chief Judicial Magistrate has given sufficient reasons for differing with the findings of the police. In view of the aforesaid facts and circumstances, this petition stands dismissed on admission stage itself. However, the petitioners may raise their pleas before the learned trial court at appropriate stage and if they do so, the learned trial court shall pass order in accordance with law without being prejudiced by this order. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 201

Statute Text:
Section 201 of the Indian Penal Code. Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, If a capital offence. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false; if a capital offence — shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years imprisonment — and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.