LAKSHMAN CHANDRA MAZUMDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have invoked the inherent jurisdicition of this Court for quashment of the Misc. Case No.01/2008 by which proceeding under Section 107 of the Code of Criminal Procedure was initiated against the petitioners as second party by the order of the Sub-divisional Magistrate, Porahat, Chakradharpur and further quashment of the order dated 06.05.2008 passed by the Sessions Judge, Singhbhum West at Chaibasa by which the Criminal Revision No.05 of 2008 preferred by the petitioners against initiation of the proceeding aforesaid was dismissed and the oder of S.D.M., Porahat at Chakradharpur was affirmed.

(2.) The short fact of the case was that on the written report submitted by the Sub-Inspector, G.R.P.S. dated 21.02.2008 in the Court of the S.D.M., Chakradharpur Misc. Case No.01 of 2008 was registered and a proceeding under Section 107 Code of Criminal Procedure was initiated against the petitioners. It was alleged, inter alia, that he was in receipt of the application filed by Shankar Prasad Tanti, Deputy Chief Ticket Inspector at Chakradharpur i.e. the O.P.No.2 herein stating that on 19.02.2008 while he was co-operating the Ticket Collector in his work in the official duty, he received phone call and pursuant to that when he went to his office, it was alleged that the petitioners abused him in filthy language to which entry was made in the Station Diary and the investigation was assigned to him. During course of investigation it transpired that when the Opposite Party No.2 Deputy Chief Ticket Inspector arrived at his office where there held altercation between both the parties and it was alleged therein that the petitioners used abusive languages. The first party was claiming himself to be the leader of Scheduled Castes and Scheduled Tribes whereas the members of the second party were the Senior Officers of the Railway. Altercation between the parties created tension and they put obstruction in the work of railway as such it was requested to the S.D.M. for initiation of a proceeding under Section 107 Code of Criminal Procedure by issuing notices upon them so that peace could be maintained. On the written report of the Sub-Inspector, G.R.P., Chakradharpur Misc. Case No.01 of 2008 was registered by initiating a proceeding under Section 107 Code of Criminal Procedure and notices were separately issued to each of the petitioners. Having been satisfied with the police report that there was imminent apprehension of breach of peace between the parties, show-cause notices were served upon them to appear before the S.D.M. as to why not they be asked to execute bond of Rs. 5,000/- with two sureties of like amount each to maintain peace and be of good behaviour.

(3.) The petitioners then preferred Criminal Revision No.05 of 2008 and the learned Sessions Judge, Singhbhum West, Chaibasa by the order dated 06.05.2008 dismissed the revision by observing that no illegality or error was caused by the S.D.M., Chakradharpur by issuing notice to both the parties and that the notices issued to the parties did not call for interference.