SUSHIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the petitioners and the counsel for the State.

(2.) Petitioners in this application, have prayed for quashing the impugned order of cognizance dated 4.7.2007 passed by the Chief Judicial Magistrate, Hazaribagh whereby cognizance for the offences under section 406, 409, 420, 120(B) and 109 of the Indian Penal Code, was taken against the petitioners, on the basis of the charge sheet submitted by the police in Hazaribagh Sadar P.S. Case No. 90 of 2006 corresponding to G.R. No. 435 of 2006.

(3.) The case was registered at the police station on the basis of the written report submitted by the Executive Magistrate, Hazaribagh (Opposite Party No. 2) on 16.2.2006 against the present petitioners and others. The petitioner nos. 1 and 3 were employed as Assistant Engineers in the Hazaribagh Mines Board. The petitioner no. 2 was the Additional Collector-cum-Secretary, Mines Board, Hazaribagh. The allegations in the First Information Report summarized briefly, are as follows: