IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7610 of 2008 MD.USUF & ORS Versus STATE OF BIHAR ----------- 5 19.9.2008 Seen the explanation submitted by Sri Narendra Prasad, the then Judicial Magistrate, 1st Class, Katihar. It appears that one Md.Alam filed a complaint case bearing no.1475/01 against the petitioners, namely, Md.Yushuf and three others. After inquiry the cognizance under Sections 420and 468/120B of the Indian Penal Code was taken against the petitioners. The petitioners obtained the certified copy of the order of cognizance on 18.5.2005 which was purported to be passed on 8.1.2002. Against that order of cognizance the petitioners filed an application under Section 482 of the Code of Criminal Procedure before this Court bearing Cr.Misc. No. 21856/05. After hearing the parties the cognizance order was quashed vide order 3.1.2007 and the order was communicated to the lower court. However, the learned Magistrate refused to comply the order on the ground that cognizance order was actually passed on 8.1.2004 and not on 8.1.2002 and also issued warrant of arrest against the petitioners. The petitioners, thereafter, again obtained certified copy of the order of cognizance on 1.2.2008 which also bears the date of order as 8.1.2002 (typed) along with hand written date 8.1.2004 within bracket. Thereafter, the petitioners applied for modification of the order of this Court dated 1.3.2007. By order dated 15.2.2008 an explanation was called for from the officer concerned. The officer - 2 - concerned submitted his explanation dated 23.2.2008 justifying his action on the ground that cognizance order was actually passed on 8.1.2004 whereas the order dated 8.1.2002 had been quashed by the Hon’ble Court. This Court vide order dated 16.7.2008 rejected the explanation and again asked for second explanation as to why appropriate action be not taken against him. Thereafter, he submitted an explanation cum apology for unintentional misinterpretation of order dated 1.3.2007 (Flag ‘B’). However, in his explanation he shifted entire blames on these petitioners. From the above facts, it is quite clear that the learned Magistrate not only disobeyed the order of this Court but also made interpolation in the date of the order in order to justify his wrong action. Under the circumstances, let a copy of this order be sent to Registrar General with a direction to place the same before the Hon’ble the Chief Justice for taking appropriate action against the officer concerned, who is at present posted at Dalsingsarai within Samastipur District. Question of modification of the order of this Court dated 1.3.2007 does not arise as there is no mistake in the order. The order of cognizance originally bears the date as 8.1.2002 which is apparent from the certified copy of the order (annexure-4). However, the court below is directed to consign the file of complaint case no. 1475 of 2001 as cognizance order has already been quashed by this Court and recall the order of warrant of arrest, if any, issued against these - 3 - petitioners. Accordingly, this application for modification stands disposed of. B.Jha (Ghanshyam Prasad)