AJAY TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE Petitioner has invoked the inherent jurisdiction of this Court for the quashment of First Information Report registered as Jagarnathpur P.S. Case No. 125 of 2008 on 04.08.2008 for the alleged offence under Sections 143/147/148/341/323/325/307/353/34 of the Indian Penal Code which was numbered as G.R. No. 2976 of 2008 in the General Register of the Court of C.J.M., Ranchi awaiting police report under Section 173 Code of Criminal Procedure.

(2.) THE prosecution case in short was that a complaint case was lodged before the Railway Judicial Magistrate, Hatia by the complainant A.S.I. R.P.F. Shri R.K. Pandey on the basis of the statement of Shri Hari Pramod, Senior Section Engineer, South Eastern Railway, Hatia under Ranchi Division wherein he had narrated that on 4.08.2008 he along with Shri K.K. Rao, Divisional Engineer, Ranchi, Shri B.M. Rao, - Assistant Divisional Engineer (Establishment) Ranchi and Shri Ganesh Prasad, Junior Engineer Grade -I, Hatia went to Solanki More for getting the railway work done on the land of railway at about 10.30 a.m. situated by the side of Ranchi Khunti road. It was stated that while the work was in progress for raising boundary wall, in the meantime, all the four named accused including the Petitioner Ajay Tirkey along with 40 -50 accomplice males and females variously armed with sticks, bamboos and iron rods assembled there and asked the officers of the railway present there to stop the work by saying that they would not allow any boundary wall to be raised there. When the witnesses tried to pacify and convince the aggressors, it was alleged that they attempted on the lives of the witnesses, consequently the witnesses started running away, yet they were attacked by mob including and the named accused with specific attribution that the accused Tripurari Sharma was holding an iron rod and other accused including the Petitioner were armed with sticks and stones. Hari Pramod was assaulted by Tripurari Sharma with iron rod on his head, the accused Devendra Sharma with the co -accused assaulted the Senior Officers of the Railway with sticks as a result of which all the four fell down sustaining injuries. The members of the unlawful assembly assaulted them with sticks and stones, however, they escaped on the arrival of the people from the nearby locality. They were admitted to Railway Hospital, Hatia where their treatment continued. On the basis of the statement a complaint was lodged on 04.08.2008 before the Railway Judicial Magistrate, Ranchi under Sections 145/146 and 147 of the Railway Act, 1989.

(3.) THE grievance of the Petitioner in the instant case by invoking inherent jurisdiction of this Court is that there cannot be two cases lodged before two different authorities arising out of same set of occurrence. Learned Counsel Mr. Lala submitted that when the case was instituted before the Railway Judicial Magistrate, Hatia giving rise to Complaint Case No. C -4/57/08 on 04.08.2008 for the alleged offence under Sections 145, 146 and 147 of the Railway Act, 1989 subsequent case registered vide Jagarnathpur P.S. Case No. 125 of 2008 on the statement of the same informant/complainant is barred under Section 162 Code of Criminal Procedure and therefore, the subsequent case being Jagarnathpur P.S. Case No. 125 of 2008 was not maintainable and is liable to be quashed.