IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16599 of 2005 ASHOK KUMAR RAI, S/O SRI RAM NANDAN RAI, R/O VILLAGE-BARAUNI BARIYARPUR, P.S. TEGHRA, DISTRICT-BEGUSARAI. -PETITIONER Versus THE STATE OF BIHAR -OPP.PARTY _______ For the petitioner : M/s Ajay Kr. Thakur & Ravi Ranjan –I For the State : Smt. Indu Bala Pandey, APP. 3 06.08.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. During the course of arguments, certified copy of final form has been submitted. Let it be kept on record. This application has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of impugned order dated 10th March, 2005 passed by Sri S.D. Vishwakarma, learned Judicial Magistrate, 1st Class, Begusarai, in Non-FIR P.S. Case no. 35 of 2002 refusing the prayer to drop the proceeding. At the instance of the petitioner Teghra P.S. Case no. 35 of 2002 for the offences under Sections 447, 323, 341, 384 / 34 of the Indian Penal Code was instituted wherein 2 after investigation, Police submitted final form no.41 of 2002 dated 24.4.2002, towards the end of which it is mentioned that separate application for taking action against the informant under Sections 182 and 211 of the Indian Penal Code is being submitted. The petitioner had already filed protest petition and prayed the Court to take cognizance and on hearing the parties and perusing the case diary etc. by order dated 31.01.2003 the learned Chief Judicial Magistrate, Begusarai, took cognizance against the accused persons named in Teghra P.S. Case no.35 of 2002 and transferred the case for trial to another Court. Almost five months thereafter same Chief Judicial Magistrate, on perusing the prosecution report submitted in Teghra P.S. Case no.35 of 2002 under Sections 182 and 211 of the Indian Penal Code took cognizance against the petitioner vide order dated 17.6.2002 in terms of case for needful where on appearance on behalf of the petitioner petition was filed to drop the proceeding. On hearing, the court below appears refusing the prayer only on the ground that after taking cognizance petitioner did not chose to raise any objection to the competent court. 3 Since the learned Chief Judicial Magistrate, Begusarai, has already taken view other than the out come of the investigation and submission of final form, took cognizance for the offence against the accused persons, there is no room left for any action to be taken against the informant under Sections 182 and 211 of the Indian Penal Code as recommended by the Investigating Agency since this proceeding is permitted to continue it shall be nothing but abuse of process of law and sheer wastage of precious judicial time. In view of the above, the impugned order as well as further proceeding instituted vide order dated 17.06.2003 against the petitioner under Sections 182 and 211 of the Indian Penal Code is quashed. (Akhilesh Chandra, J.) AAhmad