RATAN DEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under S.482 of the Code of Criminal Procedure (the Code) for quashing the order dated 9-7-1984 passed by the Sub-divisional Judicial Magistrate, Chas, Dhanbad in G.R. Case No. 347B/84 who, by the aforesaid order, has taken cognizance of the offences under Ss.147, 148, 149, 337, 341, 307 and 323 of the IPC, and also under S.27 of the Arms Act in the following circumstances.

(2.) It appears that certain dispute between the workers had arisen on 11-4-84. The workers of Hanmer's Bihar Factory were on strike and while the informant along with his associates was discussing the problems arising out of that strike with the workers, at about 5 p.m. S.K. Roy came there and he also discussed the problems. When he was returning back his car was surrounded by another group of workers belonging to Ratan Industry. Thereafter, there was pelting of stones and somebody had fired also but that caused no injury. Two persons had sustained injuries, namely, Arjun Prasad Sharma and Rameshwar Bishwakarma. The police arrived and, thereafter, FIR was lodged and a case was instituted and ultimately charge-sheet was submitted. The learned Magistrate took cognizance of the offences under the aforesaid Sections which is being challenged in this application.

(3.) Mr. P.S. Dayal, learned counsel appearing on behalf of the petitioner has assailed the order of taking cognizance only in respect of the offence under S.307 of the Penal Code and S.27 of the Arms Act. It was submitted by him that no case under S.307 of the Penal Code is made out and the cognizance taken under S.27 of the Arms Act is bad in law for want of necessary sanction by a competent authority as required under S.39 read with S.3 of the Arms Act, 1959.