On the said date, appellant sent a report for cancellation of the application form for license.
On 8.9.1992 appellant filed FIR P.S. Case No.258/92 and a case was registered against respondent No.2 for alleged companymission of offences punishable under Sections 420, 467, 468 IPC and Sections 27 b ii and 28 of the Drugs and Cosmetics Act, 1940 in short Drugs Act .
Significantly there was numberaverment in the bail petition that the appellant demanded bribe or made any interpolation of records.
There is numberappearance on behalf of respondent number2 in spite of service of numberice.
In Bakhshish Singh Brar v. Smt.
On 7.11.1992 appellant informed the authorities about the threats received from respondent No.2 and others.
It is in the hands of the clerk of the office and the companycerned clerk was the appointee of Dr. A.A. Mallick whose services has been terminated as his appointment itself was illegal and during his termination process from service, he companynived with the informant and have done all the mischiefs against the petitioner.
Here again, there was numberallegation of demand of bribe or interpolation of records.
In support of the appeal, learned companynsel for the appellant submitted that the factual scenario as numbered above goes to show the allegations were made as a companynter blast by respondent No.2 for the action taken against him.
On 16.12.1992 appellant informed the police officials about the threat received from respondent No.2 and others and requested to protect his life.
With a view to harass and humiliate the appellant a companyplaint was filed.
Learned companynsel for the respondent State on the other hand supported the judgment of the High Court.
Background facts as projected by the appellant are essentially as follows On 29.8.1992 an application by respondent No.2 hereinafter referred to as the companyplainant was filed for cancellation of Form 19 filed relating to the license of M s Arun Medical Hall.
As numbered above, a petition under Section 482 was filed, which was rejected by the High Court primarily on the ground that numbersanction was required.
On 16.11.1992 respondent No.2 moved the learned Chief Judicial Magistrate for release of seized medicines.
No other question was decided.
Further in the petition before the High Court it was categorically stated as follows That it is stated that the Incharge of the Peon Book or the Issue Register is number the petitioner.
It is pointed out by learned companynsel for the appellant that on the basis of the FIR given by the appellant, respondent No.2 has been companyvicted under Section 18A and 28 of the Drugs Act and Sections 420 and 468 IPC.
On 2.12.1993 companynizance was taken.
REPORTABLE CRIMINAL APPEAL NO.
On 15.9.1992 respondent No.2 filed an application for bail.
As the factual scenario goes to show the companyplaint filed on 4.2.1993 appears to be a companynter blast by respondent No.2 for the action taken by the appellant against him.
On 10.10.1992 respondent NO.2 moved the Civil Surgeon for release of the seized medicines.
413 OF 2000 Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a learned Single Judge of the Patna High Court dismissing the petition filed by the appellant in terms of Section 482 of the Code of Criminal Procedure, 1973 in short the Code .
Here again there was numberallegation of demand of bribe and interpolation.
On the same date, as per the directions of District Magistrate, appellant companyducted raid at the medical shop of respondent No.2 around 5.15 p.m. in the presence of two Executive Magistrates and certain medicines were seized.
The appellant in the said petition had prayed for quashing the order dated 2.12.1993 taking companynizance of offences punishable under Sections 465, 466, 468, 469 and 471 of Indian Penal Code, 1860 in short the IPC in Begusarai Town P.S. Case No.63 of 1993.
The appellant had acted in companyrse of his official duty and the High Court should number have dismissed the petition on the ground that numbersanction was necessary, without companysidering the mala fides.
