LALJI PRASAD RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the impugned order of cognizance dated 20-5-93, passed by the learned Additional Chief Judicial Magistrate, Patna, in Digha P.S. case No. 45/93 whereby cognizance of the alleged offences has been taken under Sections 147, 149, 307, 342, 323, 109 & 504, I.P.C., and the accused-persons have been summoned to stand their trial.

(2.) One Suresh Singh, the Personnel Manager of Data India Limited Digha Ghat Patna lodged a First Information Report with Digha police station, which appears to be in his official capacity, for and on behalf of Bata India Limited, which owns a factory in Digha Area of Patna. According to the allegations, Mr. Rizzo, Senior Vice-President, Bata International Toronto, Canada, Mr. D.M. Merchant, Regional Co-ordinator of the Region, and Mr. G.C. Bahuguna, Executive Director, Bata India Ltd., were on inspection visit of the Digha Factory on 24-2-93 at about 11.15 a.m. During the course of inspection within the factory precincts, they were physically obstructed by several employees belonging to "Bata Kamgar Union", and were physically manhandled and assaulted by them. They also hurled Chappals, wooden lasts, tins, and other objects on the aforesaid three visiting functionaries of the company. The employees behaved in a riotous and violent manner and forced the aforesaid visitors to enter the Unit Manager's office in the factory and, at the time the F.I.R. was lodged, were still wrongfully confined in this office without essential food and water, and were obstructed from going out of the above office to their other official engagements in Patna. 2.1. On these allegations, Digha P.S. Case No. 45/93, dated 24-2-93,' under Sections 147, 149, 307, 342, 323, 109 and 504, I.P.C. against unknown persons was registered. A copy of the F.I.R. is Annexure-1 to the quashing petition.

(3.) According to the averments made in the quashing petition, the police immediately arrived, and arrested 8 workmen including the petitioner herein, who were released on bail on 26-2-93. The police investigated the allegation made in the FIR and submitted charge-sheet No. 32/93, dated 16-5-93, against eight accused-persons. The learned ACJM, by his order dated 20-5-93, took cognizance of the alleged offences under Sections 147, 149, 307, 342, 323, 109 and 504, I.P.C., and summoned the accused-persons shown in column Nos. 3 and 4 of the charge-sheet including the petitioner herein the stand their trial. By the same order, he has transferred the case to the file of Sri Sunil Kumar, Judicial Magistrate, 1st class, Patna, for trial.