JUDGMENT :

SOURENDRA PANDEY, J.

Heard Mr. Madhukar Mohan, learned counsel for the petitioner; Mr. Raju Giri, learned Senior counsel assisted by Mr. Harsh Vardhan, learned counsel, for the opposite party no.2 and learned A.P.P. for the State.

2. The present application has been filed by the petitioner invoking the inherent jurisdiction of this Hon’ble Court for quashing the order dated 13.05.2024 passed by the learned Additional Chief Judicial Magistrate-I, East, Muzaffarpur in Kazi Mohammadpur P.S. Case No.122 of 2024 by which the learned Additional Chief Judicial Magistrate-I, East, Muzaffarpur has accepted the final form submitted by the Investigating Officer.

3. The facts giving rise to the present application is to the effect that the petitioner lodged an FIR bearing Kazi Mohammadpur P.S. Case No. 122 of 2024 dated 10.04.2024 alleging therein that on 26.03.2023 at around 10:15 AM while he was on the duty of maintaining law and order on account of the visit of the Hon’ble Governor of Bihar at District Guest House, Muzaffarpur, his wife/ opposite party no.2 all of a sudden came to the guest house and started shouting at him using vulgar language. It is alleged that she slapped him a couple of times and also hit him on his head and on his back. The opposite party no.2 is said to have caught him by his collar and started dragging him, resulting in his shirt being torn. It is alleged that she demanded that she should be taken in his official car to do some work and she started accusing him of telling lies and on the helplessness being shown by the petitioner, she started misbehaving with him and even obstructed him from performing his official government duty. It is further alleged that the opposite party no.2 snatched away the purse and the key and she stayed back at the guest house. It is alleged that the petitioner, on account of such behaviour of his wife/ opposite party no.2 felt uncomfortable and thereafter, since 28.03.2023 he has stopped living with his wife.

4. It is alleged in the FIR that the petitioner had made the complaint earlier on 16.05.2023 and then on 27.05.2023, he had produced the statements of five eyewitnesses on oath before the Kazi Mohammadpur police station. It is alleged that despite his repeated requests, the FIR was not registered. Then the Senior Superintendent of Police, Muzaffarpur, consulted the Government Advocate and thereafter he was informed that to register an FIR against a serving Judicial Officer in Bihar, permission of the Chief Justice of Patna High Court, Patna is required in light of the judgment settled by the Patna High Court in Cr.W.J.C. 1391 of 2021. Thereafter, the petitioner wrote a letter to the Hon’ble the Chief Justice, Patna High Court, seeking permission to register an FIR against his wife/ opposite party no.2 on 22.09.2023 and waited for the reply, but he was not given any reply. The petitioner even made an RTI application, which was subsequently answered on 20.03.2024. It is stated that on 23.03.2024, the petitioner sought permission of the Senior Superintendent of Police, Muzaffarpur, to register an FIR and it is stated that on their orders, he was making the written report for registration of FIR before the Station House Officer, Kazi Mohammadpur Police Station.

5. It is on such a written report that Kazi Mohammadpur P.S. Case No. 122 of 2024 came to be registered on 10.04.2024. The police, after investigation, submitted final form with an opinion that the said case was an error of law.

6. The petitioner, being aggrieved by such submission of the final form, has approached this Court against the order passed by the learned Additional Chief Judicial Magistrate-I, East, Muzaffarpur, whereby, vide order dated 13.05.2024 the learned Trial Court has accepted the final form submitted by the I.O. of Kazi Mohammadpur P.S. Case No. 122 of 2024.

7. Learned counsel for the petitioner submits that the marriage of the petitioner with the opposite party no.2 was solemnized on 15.02.2021 and