(1.) Heard learned counsel for the parties. Petitioner is accused in connection with Meral P.S. Case No.38 of 2007 corresponding to G.R. Case No.510 of 2007 registered under Sections 386 & 120-B of the Indian Penal Code, Sections 10, 38 & 40 of Unlawful Activities Act and Section 17 of the C.L.A. Act, pending in the Court of Sri Janardan Singh, Civil Judge, Junior Division-IV, Garhwa.
(2.) It reveals from the self-statement of S.I. Arun Kumar Mahtha that he received information about the involvement of some persons with the extremists and thereafter the house of one Vijay Kumar Gupta was raided and a sum of Rs.1,13,000/- collected through levy was recovered. The apprehended accused Vijay Kumar Gupta disclosed that the said sum was given by Amzad Khan who was Manager of present petitioner.
(3.) It is submitted that no case under Section 386 I.P.C. or 17 C.L.A. Act is made out against the petitioner because he was the victim and therefore, the police had submitted final form but the learned C.J.M., after examining the case diary, took cognizance against the petitioner also. It is further pointed out that the petitioner has preferred the petition for quashing of the cognizance order which is pending. It is incorrect to say that the petitioner had contributed any amount to said extremist organization.