SHAMBHU THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for the quashment of the entire criminal proceeding against him as well as the order dated 07.07.2008 by which cognizance of the offence was taken under Sections 379/323 of the Indian Penal Code in Chandankiyari (Bhojudih O.P.) P.S. Case No. 53 of 2003, corresponding to G.R. Case No. 520 of 2003.

(2.) Mr. S. Thakur, learned Counsel appearing for the petitioner raised short question of law involved in this case that initially a case was instituted under Section 392 of the Indian Penal Code against the petitioner on the written report of the informant O.P.No.2- Thanda Devya alleging that the petitioner after entering into her house at about 3 a.m. assaulted her by strangulating and took away Rs. 2,000/- ( Rupees two thousand) from her possession forcibly and also assaulted on her different parts of body. The case was instituted on 23.06.2003 but the police after investigation submitted final form before the Court of C.J.M., Bokaro on 04.09.2003 under Section 173 Code of Criminal Procedure. Again on 04.09.2003 a prosecution report was filed under Sections 182/211 of the Indian Penal Code by the police concerned for institution of a case against the informant.

(3.) Learned Counsel Mr. Thakur pointed out that by the order dated 07.07.2008 the cognizance of the offence was taken under Sections 379/323 of the Indian Penal Code. Though fresh notice was issued upon the informant- O.P.No.2 but she did not choose to appear, and to quote the order,