ALLAUDIN HAWARI Vs. STATE OF JHARKHAND AND ANR.

JUDGEMENT

(1.) Through this writ application, extraordinary jurisdiction of this Court, as enshrined under Art. 227 of the Constitution of India, has been invoked on behalf of the petitioner for quashing the order dated 4.12.2009 passed by the Judicial Magistrate, Dhanbad in Complaint Case No. 1391 of 2009, whereby and whereunder, cognizance has been taken under Sections 302/149, 452, 323/149 of Indian Penal Code against the petitioner and others.

(2.) The facts giving rise to this application are that on 10.2.2009, the informant-respondent no. 2 lodged a case before Dhanbad Bank More Police Station alleging therein that on 9.2.2009 the petitioner as well as the other accused persons, who were inimical to the informant-respondent no. 2, came to the house of the informant and started assaulting him. In that course, the accused persons did assault Siddiqui Khan (uncle of the informant) causing grievous injuries to him and then he was removed to P.M.C.H. where he succumbed to his injuries and a case was lodged as Dhanbad Bank More P.S. Case No. 106 of 2009 under Sections 302/34 of Indian Penal Code.

(3.) Said case on being investigated upon was found to be false, as according to the Investigating Agency, the deceased had received injuries accidentally, which proved to be fatal and, hence, the police submitted final form exonerating all the accused persons from the accusation.