Patna High Court - Orders
Syed Azad Mahamid vs State Of Bihar on 19 March, 2010
Author: Dipak Misra
Bench: Dipak Misra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.2892 of 2010
SYED AZAD MAHAMID, SON OF LATE SYED
MAHAMID, RESIDENT OF VILLAGE - AMRATH,
P.S. - JAMUI, DISTRICT - JAMUI ....... PETITIONER
Versus
THE STATE OF BIHAR ................... RESPONDENT
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For the Petitioner: Mr. Sanjay Singh, Advocate.
For the State: Dr. Mayanand Jha, A.P.P.
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3. 19.03.2010. Invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashment of the order dated 25.10.2008 passed by the learned Chief Judicial Magistrate, Jamui whereby he has taken cognizance under Sections 134A and 195A of the Representation of People Act, 1951 (for brevity `the Act').
It is submitted by Mr. Sanjay Singh, learned counsel for the petitioner that there is no mention of Section 195A in the Representation of People Act, 1951 and, as far as Section 134A is concerned, the offence is not made out.
Dr. Mayanand Jha, learned Additional Public Prosecutor submitted that cognizance should not have been taken under Section 195A of the Act and, therefore, 2 that part of the order be quashed. It is further submitted by him that the offence that has been alleged to have been committed by the petitioner falls under Section 134 of the Act and not Section 134A and, therefore, the criminal proceeding should continue under Section 134 and not under Section 134A of the Act.
In view of the above I am inclined to think the submission put forth by Dr. Jha is correct. As far as the cognizance relating to Section 134A of the Act is concerned, on a perusal of the allegations it is clarified that the offence should be treated as one under Section 134 of the Act on the basis of the allegations made out. The said position is also conceded to by Dr. Jha.
In view of the aforesaid, the petition is allowed in part and the order of cognizance passed by the learned Chief Judicial Magistrate is quashed to the extent that the criminal proceeding shall proceed for the offence punishable under Section 134 of the Act and not for any other offence.
However, the stand put forth in this petition can be raised at the appropriate stage by the accused- 3
petitioner.
The petition is accordingly disposed of.
( Dipak Misra, C.J. ) Dilip