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Judgment
Heard learned counsel for the parties.
Petitioner, by means of this application under section
482 of the Code of Criminal Procedure, have invoked the inherent
jurisdiction of this Court with prayer to quash the order dated
15.06.2010, passed by Judicial Magistrate, 1st Class, Danapur, Patna
in Complaint Case No. 302 of 2010, Tr. No. 3020 of 2010, whereby
cognizance has been taken against the petitioner for the offences
under sections 420, 467, 468, 469 of the Indian Penal Code.
The contention of the learned counsel for the petitioner
is that no offence against the petitioner is disclosed and the present
prosecution has been instituted with mala fide intention for the
purposes of harassment. Petitioner has passed the order of Mutation
and issued correction certificate in the capacity of his official duty.
Prior sanction of the Government is necessary for taking cognizance
against him, however, without any sanction cognizance has been
taken against the petitioner. The present case is purely civil in nature.
More over, the order passed by the petitioner is appealable.
From perusal of the material on record and looking into
the facts of the case at this stage, the arguments made by the learned
counsel for the petitioner has force. Prior sanction of the Government
is necessary before taking cognizance. As such, the order taking
cognizance is not tenable in law. The same is, hereby, quashed.
The application accordingly stands allowed.