KALJEET ALIAS KALJEET GANJHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order dated 26.11.2010 passed by the Chief Judicial Magistrate, Hazaribagh in Ichak P.S. Case No. 143 of 2008 corresponding to G.R. No. 2777 of 2008 by which a petition filed on behalf of the Petitioner under Section 167(2) of the Code of Criminal Procedure for his release on bail was rejected. The Petitioner is in custody for the alleged offence under Sections 147/148/149/323/435/427/386/120B of the Indian Penal Code as also under Section 17 of the CLA Act, now pending before Sri. Ajay Kumar Singh, Judicial Magistrate, 1st Class, Hazaribagh.

(2.) The prosecution story in short was that in the intervening night between 12/13.8.2008 about 15/20 culprits arrived at the crusher machine and assaulted the informant, who was an employee there. It was further alleged that the miscreants poured diesel on the crusher machine and set it on fire and extended threat to the informant to communicate the owner of the said crusher not to re-start his work of crusher without fixing Rs. 4000/- regularly to them. The informant disclosed the names of only three accused who had come along with other 10/15 unknown members of the JPC (Jharkhand Prastutee Committee) terrorists organization.

(3.) The Petitioner was not named in the FIR. It was alleged that his name was transpired during course of investigation, as such, on the request of the Investigating Officer, the Petitioner was remanded in the instant case through video conferencing on 11.8.2010.