Criminal Miscellaneous No.5901 OF 1998 ----- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- UPENDRA GIRI SON OF LATE TETAR GIRI, BRANCH MANAGER, Life Insurance Corporation of India, P.S., Dist and Town Sitamarhi. ….. ……Petitioner Versus 1.STATE OF BIHAR 2. Bhola Sah @ Ram Kumar son of Ganaor Sah, Village-Rajkhand, P.S. and Dist.-Muzaffarpurr 3. Manoj Kumar, Agent Life Insurance Corporation of India, Kailashpuri, P.S.-Dumra, Dist.-Sitamarhi …. ….Opp. Parties. ------ For the petitioner: Mr. Umesh Prasad Singh and Mr.Rajeev Ranjan Prasad For the State: Mr.Damodar Prasad Tiwary, A.P.P. ------ P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR -------- Rakesh Kumar,J. The petitioner while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, 1973, has prayed for setting aside the order dated 28.7.1997 passed by learned Chief Judicial Magistrate, Sitamarhi in Sitamarhi P.S. Case No.161 of 1996 for the offences under sections 420, 467 and 471 of the Indian Penal Code. By the said order the learned Chief Judicial Magistrate has accepted the final report submitted by the police. 2. It was the case of the petitioner that the petitioner being Branch Manager of Life Insurance Corporation of India, Sitamarhi had given fardbeyan to the Officer Incharge of Sitamarhi Police Station. It was alleged that the accused persons by producing forged premium receipt had misappropriated huge amount of the insurance company and on such allegation first information report 2 was lodged against opposite party nos.2 and 3. However, after investigation the police submitted final form. 3. Mr. Umesh Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner submits that while accepting final form, the learned Magistrate had completely failed to appreciate as to whether notice was ever issued to the informant or notice was validly served on the informant or not and without being satisfied with the service of notice on the informant, the learned Magistrate had accepted the final form submitted by the police. He referred to a judgment reported A.I.R. 1985 S.C.1285 (Bhagwant Singh Vs. Commissioner of Police) and submits that without notice to the informant the learned Chief Judicial Magistrate has committed error in accepting the final form. He submits that notice means valid service of notice on the informant and unless this requirement was fulfilled the learned Magistrate was not entitled to accept the final form. He further by referring to the statement made in para-2 of the supplementary affidavit which was filed on 6.5.1998, submits that the entire order sheet of G.R. Case No.722 of 1996 was obtained by the petitioner and on perusal of the entire order sheet it appears that neither notice was ever validly issued nor it was served on the informant and, as such, the order is liable to be set aside. 4. Mr.Damodar Prasad Tiwary, learned A.P.P., appearing on behalf of the State submits that the order sheets which have been enclosed along with the present petition indicate that notice was already issued. He referred to the orders dated 1.7.1997, 14.7.1997 and 22.7.1997 and submits that all the three orders indicate 3 that notice was issued. 5. On perusal of certified copy of the said orders, which is annexure-3 to the present petition, it is not clear as to whether notice was ever issued or not. Had notice been issued, then certainly it would have been mentioned in the margin of the order sheet which is lacking. It also appears that notice was not validly served on the petitioner-informant. Moreover, in the present case first information report was lodged by an institution i.e. Life Insurance Corporation of India through its Branch Manager and, as such, keeping in view the involvement of public money I am of the opinion that it was necessary for the learned Magistrate to get himself satisfied regarding service of notice on the informant before passing the order of acceptance of final form. Accordingly, in view of the facts and circumstances of the present case, the order dated 28.7.1997 passed in Sitamarhi P.S. Case No.161 of 1996 is hereby set aside and the matter is remitted back to the learned Chief Judicial Magistrate, Sitamarhi to pass an order afresh after hearing the informant of the case. It is expected that the learned Chief Judicial Magistrate, Sitamarhi will pass an order on the final form after hearing the informant within a period of fifteen days from the date of receipt/production of a copy of this order. Accordingly, the petition is allowed. Patna High Court The 13th April, 2010 NAFR/Md.S. ( Rakesh Kumar, J.)