R K KHANNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these applications were heard together as they arise out of the same proceeding and they are being disposed of by this common judgment with the consent of the parties.

(2.) Both these applications have been filed to quash the entire criminal proceeding in G.R. Case No. 255/80 corresponding to Gamaria P. S. Case No. 4 (5)/80 including the order dated 20-12-1182 whereby the learned Magistrate has taken cognizance against the petitioners under Sections 364/ 109 and 302/120-B of the Indian Penal Code (in short "the Penal Code") and issued summons against them.

(3.) The short facts which led to the filing of these applications are that a first information report was lodged by one B.K., Mukherjee on 16-5-1980 before the Officer Incharge, Gamaria Police Station alleging, Inter alia, that the deceased Partosh Chandra Chakraborty who was married to his sister some 7 to 8 years back, was an employee of M/s. Usha Alloys and Steels Limited and was working as Welder-cum-Setter in the said company. On 9-5-1980 in the morning his younger brother informed him that the said Paritosh Chandra Chakraborty had gone to his night shift duty of 7-5-1980 but he did not reach the company and his whereabout is not known. It appears that some body had kidnapped him. On this information, the informant came to the residence of his brother-in-law and found his sister weeping. His sister informed him that in the night of 7-5-1980 at about 8 p.m. one Sbri Vijai Kumar Jha (B. S. Jha) who is Accounts Clerk in the said company and lives in her neighbourhood, came to her house and took the bicycle of her husband for some urgent work on the assurance that he would come back very soon, but, Sri Jha did not return earlier and as such her husband stated for duty on foot at about 9.30 p. m. She further informed him that her husband had strained relationship with Jha Sangh Union and management of the said company.