NEERAJ KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AC to AAG-3 for the State.

(2.) The petitioner in the present case is seeking quashing of the second and the third FIR being Digha P.S. Case No. 282 of 2017 (G.R. No. 5676 of 2017) and Digha P.S. Case No. 283 of 2017 (G.R. No. 5911 of 2017) respectively.

(3.) It is the contention of the petitioner that the first FIR with regard to the alleged occurrence which took place on 5/9/2017 has been lodged by an employee of the Bihar State Housing Board giving rise to Digha P.S. Case No. 281 of 2017 dtd. 5/9/2017 registered for the offences punishable under Ss. 144, 145, 147, 148, 149, 323, 307, 353, 427, 332, 333, 336, 337 and 338 of the Indian Penal Code. This case was registered on 5/9/2017 at 18:05 hours. The time of occurrence as alleged in the FIR is 11:00 A.M. on 5/9/2017. It is alleged that when the deputed Magistrate and Officers together with the police force were engaged in the measurement work of the land situated at the corner of Polshan Road and Ghurdaud Road in front of Rajeev Nagar Police Station and they were demolishing the boundary wall for the purpose of handing over the land to the Videsh Bhawan and CBSE, all of a sudden, the local persons surrounded the place, they indulged in slogan shouting and when the Police Officers were trying to restore peace and make them to understand, the agitationists started stone throwing which caused injury to the Officer Incharge of the Digha Police Station. The agitationists also tried to kill the JCB Operator who somehow saved his life but the agitationists burned the three JCBs and one jeep. The informant came to know that the persons involved in the alleged occurrence were the eight named accused and about 1000 unknown persons who had indulged in assault and setting the vehicles at fire. Learned counsel for the petitioner submits that the petitioner is not named in this first information report.