MANIK LAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the entire criminal proceeding arising out of Jagannathpur P.S. Case No. 26 of 2008 corresponding to G.R. No. 134 of 2008, presently pending before the Court of Session, Chaibasa in S.T. No. 206 of 2009. It has also been prayed that the order taking cognizance dated 12.12.2008 in the said case as also the order framing charges against the petitioners by the learned Additional Sessions Judge- Fast Track Court-V, Chaibasa, by order dated 19.8.2009 be also quashed.

(2.) According to the prosecution case, the petitioners, who were the personnel of Railway Special Protection Force and Railway Protection Force, were returning back after performing their duties on the vehicle of R.P.F. and they were also armed with arms and ammunitions. While returning back, they came across a road jam by the villagers due to some altercations between the villagers and the drivers of the dumpers transporting iron ore, due to demand oflevy. The R.P.F. personnel, requested the villagers to allow them to pass-bye and when the villagers did not allow them, the R.P.F. personnel tried to negotiate the jam through the side of the road alongwith the vehicle, whereupon they were attacked by the villagers by brickbats. It is alleged that the villagers also used bows and arrows causing injuries to the R.P.F. personnel, caused damage to the vehicle and also to the arms being carried by them, forcing them to use force. They had to fire in air and ultimately, they also had to resort to firing, in which, two persons died. As the vehicle of the R.P.F. was badly damaged and some arms were also damaged by the villagers, the R.P.F. personnel had to leave the vehicle at the road itself and they ran for their safety towards the police station and they also informed the police about the occurrence.

(3.) On the basis of the information given by the petitioner Manik Lal, Jagannathpur P.S. Case No. 25 of 2008 was instituted, F.I.R. whereof has been brought as Annexure-2 to this petition. Subsequent thereto, another F.I.R. was lodged by one Kartik Oraon, the son of one of the deceased stating that firing was made by the R.P.F. personnel causing death of his father and on the basis of the fradbeyan of said Kartik Oraon, Jagannathpur P.S. Case No. 26 of 2008 was instituted, corresponding to G.R. No. 135 of 2008 for the offences under Sections 304, 308, 34 of the Indian Penal Code and Section 27 of the Arms Act, F.I.R. whereof has been made Annexure-1 to this petition, out of which the present criminal proceedings arise against these petitioners.