N C DHOUNDIAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the matters arise out of the complaint Case No. 260/92 and as such they have been heard together and are being disposed of by this common order.

(2.) THE petitioners have challenged the order dated 20.9.1996 passed in Complaint Case No. 260/92 by the Judicial Magistrate 1st Class, Ranchi issuing process after holding that a prima facie case is made out against them under Sections 147, 448, 342, 427, 506, 380 and 384, IPC.

(3.) ON 9.9.1992 opposite party No. 2, posted at the relevant time as DIG/Executive Director (Vigilance) & Central Coal Field Limited (hereinafter referred to as the Coal Field) filed a petition of complaint against the petitioners of both the cases alleging inter alia that while posted in the aforesaid capacity in the Coal Field he has exposed the illegal and nefarious activities of the Officers of the Coal Field as a result of which he incurred their displeasure and they in connivance with the accused petitioners, who are Superintendent of Police, Deputy Superintendent of Police and Inspectors of C.B.I./SPE at Ranchi, hatched up a conspiracy to dislodge him from the post of D.I.G. Vigilance B.C.C. Ltd., so that there may be no impediment in their nefarious activities. On 30th August. 1992 at 8.30 p.m. he alongwith Dr. Narendra Sinha came to his house and found that the accused persons after having trespassed into his premises were sitting in front of his Verandah. Seeing him they told that he could not enter into his house and they confined and restrained him from moving without any search warrant or authority paper. They took the complainant inside the house and confined him and forced him to hand over the key and his mother and two children were also confined in a room. The accused petitioners ransacked the house and persistently asked the complainant to disclose as to where he has kept cash and other valuables and also the confidential papers, notings, manuscripts and tape recorder used in vigilance work by him.