Members of the Legislature are immune from proceedings in any court for anything said by them in the legislature, as per Article 194(2) of the Constitution of India.

JUDGMENT :

ANSHUMAN, J.

1. Heard Mr. Rajesh Kumar Jaiswal, petitioner in person and learned Senior Advocate, Mr. P.K. Shahi, A.G. Bihar alongwith Mr. Prabhu Narain Sharma, for the State.

2. The present criminal writ petition has been filed for the following reliefs:

“(a) For issuance of an appropriate writs, orders, directions including a writ in the nature of mandamus directing the Office of the Hon’ble Governor of Bihar through Principal Secretary who is the competent authority to grant sanction for prosecution for his failure to decide the application submitted by the petitioner seeking sanction to prosecute, filed in compliance to the order dated 16.03.2021 passed in Cr. W.J.C. No. 453 of 2019; while petitioner’s inter-alia is dismissed.

(b) For issuance of an appropriate writs, orders, directions, including a writ in the nature of mandamus directing a fair investigation pursuant to the registration of First Information Report as directed by the Court of Learned owing to the Chief Judicial Magistrate, Patna vide its order dated 31.10.2015, whereby the learned Magistrate owing to the facts, circumstances and nature of the offence alleged in the Complaint Case No. 3165 of 2015 transferred the said complaint for investigation to the concerned police station under Section 156(3) of Code of Criminal Procedure.

(c) For issuance of an appropriate orders, directions to the Officer-In-Charge/Station House Officer of the Sachiwalaya Police Station, Patna for registration of First Information Report under Sections 166, 167, 420, 467, 468, 120(B) and 34 of the Indian Penal code in compliance of the order 31.10.2015 passed by the learned Chief Judicial Magistrate, Patna in Complaint Case No. 3165 of 2015.”

3. Counsel for the petitioner submits that an order has been made in favour of the petitioner for lodging an F.I.R. vide order dated 31.10.2015 by Chief Judicial Magistrate, Patna in Complaint Case No. 3165(C) of 2015, Rajesh Kumar Jaiswal vs. Nitish Kumar and Others in which the following order has been passed:

“Heard and perused the complaint petition. The facts, circumstances and the nature of the offence mentioned in the complaint petition, the copy of the complaint petition is ordered to be send to the Sachiwalaya P.S. under Section 156(3) of Cr.P.C. through the S.S.P. Patna.

The complainant is directed to file six copies of the complaint petition within fourteen days, failing which, it will be assumed that the complainant is not interested to proceed with the case and the further proceeding of the case will be stopped automatically.”

4. Counsel for the petitioner submits that the order dated 31.10.2015 was not complied, thereafter the petitioner has preferred Cr. W.J.C. before this Court bearing Cr. W.J.C. No. 916 of 2017 which was rejected by this Court, vide order dated 25.01.2018, thereafter the said order was challenged before the Hon’ble Supreme Court in S.L.P. (Criminal) No. 1586 of 2018 which was dismissed on 05.03.2018.

5. Counsel has thereafter started filing different applications before the Chief Judicial Magistrate, Patna on 05.01.2018, 10.04.2018, 04.05.2018, 15.05.2018, 10.07.2018, 25.07.2018 and 08.08.2018. On all the petitions, the Court of Chief Judicial Magistrate, Patna have passed one order on 29.10.2018.

6. The petitioner, thereafter filed another writ petition before this Court bearing Cr. W.J.C. No. 454 of 2019 (Rajesh Kumar Jaiswal vs. State of Bihar through Secretary Home, Main Secretariat Patna and Others) with total six prayers which are as follows:

“(i) For issuance of an appropriate writ/order/direction, including a writ in the nature of certiorari quashing and setting aside the order dated 29.10.2018 passed by the learned Chief Judicial Magistrate, Patna in Complaint Case No. 3165(C)/2015 by which he has by a common order rejected the applications dated 5.1.2018, 10.4.2018, 4.5.2018, 15.5.2018, 10.7.2018, 25.7.2018 and 8.8.2018 filed by the petitioner.

(ii) For issuance of an appropriate writ/order/direction, in