DEVENDRA KUMAR SINHA Vs. HAR NARAIN SINGH

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure, 1973, has been preferred by the sole petitioner with prayer to quash the impugned order of cognizance dated 13.1.1994, passed by the learned Chief Judicial Magistrate, Banka, in Complaint Case No. 7 (c) of 1994/Tr. No. 835 of 1994, then pending in the Court of Shri M.P.Srivastava, Judicial Magistrate, 1st Class, Banka, whereby cognizance has been taken of the alleged offences under Sections 144, 431, 427, 504, IPC, and the petitioner and one more have been summoned to stand their trial.

(2.) TO narrate the back -ground of the present case as emerging from the two FIRs and the complaint petition in question, covering the days events in sequence of time, there was a call for Bihar Bandh on 24.12.1993 by various organisations of students and unions. One Bibhuti Bhushan Singh, Secretary, Advocates Association, Banka, had also lodged an FIR with Banka Police Station, which was registered as Banka PS Case No. 447/93, dated 24.12.1993, wherein allegations were levelled under Sections 143, 448, 379, 427 and 34 of the IPC against three named persons as well as 50 unnamed persons. A photocopy of the same is marked Annexure 2. to the quashing petition. According to the allegations in the FIR, on 24.12.1993, at about 9 a.m., while the Association premises was being dusted and made ready for the day, three persons along with 50 unnamed persons had stormed into the Association hall and forcibly took away three black coats costing about Rs.1,200/ -, and had torn and destroyed two. They had also engaged themselves in acts of vandalism and had smashed about 30 chairs, tables, benches, etc. and destroyed some papers also. The staff of the Association protested, and the members of the unlawful assembly retaliated by abusing the staff and threatened to kill them. It is manifest from the allegations in this FIR that vandalism committed on 24.12.1993 in the name of Bihar Bandh seems to have started at 9 a.m., and was in its full fury which is the subject -matter of Banka PS Case No. 449/93 (Annexure -1), indicated below.

(3.) ONE Ignatius Murmu, Magistrate Incharge, Collectorate Premises, Banka, had lodged a FIR, which was registered as Banka PS Case No.449/93, dated 24.12.1993, under Sections 147, 148, 149, 353, 323, 324, 337, 427, 307, IPC and Section 27, Arms Act. A photocopy of the same is marked Annexure 1 to the quashing petition. According to the allegations, the petitioner at the relevant point of time was the District Magistrate at Banka. About 500 persons armed with lathis, dandas, rods, brick -bats, etc. raising exciting slogans, had entered the Collectorate premises at Banka on 24.12.1993 and attempted to burn the Collectorate building. They had committed acts of vandalism, had damaged Government properties including the Collectors car, were determined to commit violence, had caused grievous injuries to public servants on duty including members of the police force, and had pelted brick -bats at them. The unruly mob consisting of wild young men wanted to invade the treasury also. Consequently, the Government functionaries headed by the present petitioner had ordered for lathi -charge followed by mock firing as a result of which the mob had dispersed.