IMPORTANT POINT
Cognizance of an offence under Section 211 IPC requires a written complaint as per Section 340 Cr.P.C., and failure to comply renders the proceedings invalid.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. A Ahmed, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Addl. PP, Assam.

2. The present application under section 482 Cr.P.C., read with Article 227 of the Constitution of India is filed for quashing the proceeding in CR Case No.112/2018 under section 211 IPC, pending in the court of JMFC, Bongaigaon.

3. The brief fact leading to the filing of the present case is that the sister-in-law of the petitioner filed a case against her husband on 21.03.2018, before the Manikpur PS which was registered as Manikpur PS Case No.106/2018, under section 376/511/506/34 IPC. According to the petitioner, such FIR was a false and fabricated one and the same was lodged for the reason that here was a land dispute between the husband of the petitioner and her brother-in-law.

4. Accordingly, being faced with such a false FIR alleging serious offences of rape, the petitioner also filed a counter case against her brother-in-law alleging rape which was registered as Manikpur PS case No.107/2018 registered under 376/511/354B/34 IPC.

5. During the pendency of such investigation both the brothers amicably resolved their dispute and they had decided to compromise the matter and withdraw the allegations and counter allegations.

6. In view of such settlement, the investigating officer submitted a Closure report numbered as FR No.80/2018 dated 27.04.2018 under section 173 Cr.P.C in connection with Manikpur PS Case No.107/2018. On such a final report being filed, a notice was sent to the petitioner for submitting her objection, if any. Accordingly, the petitioner appeared before the learned Addl. CJM, Bongaigaon on 30.11.2018 and filed Petition No.217/2018 wherein, she had stated that she has no objection, if the final report submitted by Investigating Officer is accepted.

7. The final report was accepted by the learned court, however, taking note of the fact she had admitted the fact of filing a false FIR as counter case, the learned magistrate decided to conduct an enquiry under section 340 CrPC and the petitioner was released on executing a PR bond of Rs.1,000/- directing the her to appear before the court on 01.12.2018.

8. Accordingly, the petitioner appeared before the learned Addl. CJM Bongaigaon on 01.12.2008, and after appearing she asserted her earlier statement. Thereafter the learned Addl. CJM Bongaigaon passed the impugned order expressing its opinion that offences under section 211 is made out and accordingly sent the matter to the learned CJM, Bongaigaon with a request to consider the order dated 01.12.2018 as a complaint and the petitioner was taken into custody.

9. Subsequently, the learned CJM treated the impugned order 1.12.2018 passed by the learned Addl. CJM, Bongaigaon as a complaint and registered CR Case 118/2018 under section 211 IPC and transferred the matter to the court of learned JMFC, Bongaigaon for trial. The petitioner was released on bail by CJM, Bongaigaon under its order 1.12.2018.

10. Being aggrieved the present petition is filed.

11. Since the bone of contention is impugned order dated 1.12.2018 passed by the learned Addl. CJM, the same is reproduced herein below:

“IN THE COURT OF SMTI. LEENA DOLEY, ADDL.CJM, BONGAIGAON.

Manikpur PS Case No. 107/18 GR Case No. 321/18

01.12.18:-

The informant Smti. Shefali Sutradhar has appeared. Today the date is fixed for inquiry under Section 340 Cr.P.C.

I have conducted the enquiry of this case by considering the case record and have also heard the Addl.P.P.. and Asstt. P.P.

The question of enquiry was to ascertain whether the informant has filed this complaint falsely against the accused namely Gobinda Arjya and Sujit Arjya with false accusation knowing that there is no just or lawful ground for such accusation with an intention to cause injury to him.

In this case the informant Smti. Shefali Sutradhar filed an