Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19176 of 2012 ====================================================== Bechan Sharma S/O Bhimlal Sharma Resident Of Village- Baijnathpur, P.S.- Raniganj, District- Araria .... .... Petitioner/s Versus 1. The State Of Bihar 2. Bhola Sharma S/O Sitaram Sharma Resident Of Village- Baijnathpur, P.S.- Raniganj, District- Araria 3. Munna Sharma S/O Sitaram Sharma Resident Of Village- Baijnathpur, P.S.- Raniganj, District- Araria 4. Avinash Sharma S/O Sitaram Sharma Resident Of Village- Baijnathpur, P.S.- Raniganj, District- Araria 5. Sitaram Sharma S/O Late Bangali Sharma Resident Of Village- Baijnathpur, P.S.- Raniganj, District- Araria .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Prasad Singh, Adv. Mr. Shashi Kumar, Adv. For the State : Mr. S. Dayal, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 28-08-2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the entire proceeding including the order dated 8.7.2010 passed by the Chief Judicial Magistrate, Araria, in Complaint Case No. 97 of 2008 by which he has taken cognizance under [STATUTE] . The background facts of the case was that on 10.7.2008 a First Information Report was instituted against certain accused persons by the Petitioner for the offences under Sections Patna High Court Cr.Misc. No.19176 of 2012 (2) dt.28-08-2012 2 / 2 2 341, 323, 384 and 379/34 of the Indian Penal Code. After investigation, Police submitted Final Report with the recommendation that the Petitioner be proceeded against under [STATUTE] . In the meanwhile, the Petitioner also filed a protest petition which was numbered as 2466C of 2010 in which cognizance has been taken on 17.3.2011. It has been submitted that for the same cause of action, two contradictory steps are being taken by the Court below as also because it is speculative that when the Police did not find substance to file charge sheet against the accused, it necessarily meant that the allegations were false. He further submits that in the interest of justice, both the cases i.e. Complaint Case No. 2466 of 2010 and Complaint Case No. 97 of 2008 be quashed. In view of such, the application is allowed and the further proceedings of Complaint Case Nos. 97 of 2008 and 2466C of 2010 pending before the Judicial Magistrate, 1st Class, Araria, are hereby set aside. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 182

Statute Text:
Section 182 of the Indian Penal Code. Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant: to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.