PRAKASH CHANDRA GANDHARAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Learned Counsel for the petitioner and Learned Counsel for the State. Petitioners have challenged the order dated 23.12.2010 passed by learned A.C.J.M. Dumka in G.R. No. 1546 of 2005/T.R. No. 105 of 2010, whereby the application filed by the petitioners under Section 239 of the Cr. P.C. for discharge, was rejected by the Court below.

(2.) It appears that one Jama P.S. Case No. 77 of 2001 dated 26.6.2001 was lodged by the petitioner No. 1 Prakash Chandra Gandharav, in which one Anil Sharma was made accused on the allegation that he along with three persons had come to the house of the informant for threatening to compromise an earlier case between the parties and he had threatened the informant with pistol, whereupon he was apprehended and produced before the police with a pistol, whereas the other persons accompanying the said Anil Sharma, had managed to flee away. It appears that the said case was investigated by police wherein final form was submitted by the police on 29.9.2001. The FIR of Jama P.S. Case No. 77 of 2001 and the final form filed in the said case have been brought on record as Annexures-6 and 6/1 to this revision application. It appears that against the submission of the final form the petitioner Prakash Chandra Gandharav had filed a protest petition, which was treated as complaint case and ultimately, a prima facie case was found against the accused and the case is still pending.

(3.) For the occurrence of the same date. i.e. 26.6.2001, another Jama P.S. Case No. 78 of 2001 was instituted on the basis of the written application of Anil Maraiya, who is the same person Anil Sharma, making allegations against the petitioners for assaulting him and the case was instituted under Sections 341, 342, 323, 504/34 of the IPC. It appears that after the final form was submitted in Jama P.S. Case No. 77 of 2001 on 29.9.2001, application was filed on 27.11.2001, in Jama P.S. Case No. 78 of 2001 for adding Sections 406, 420 of the IPC and Section 25(1-B)(a)/26/35 of the Arms Act. on the allegation that the pistol, that was said to have been recovered from Anil Sharma, was actually planted by these petitioners. Accordingly, the investigation was taken up. However, it appears that the charge-sheet was filed in Jama P.S. Case No. 78 of 2001 only under Sections 341, 342, 323, 406, 420, 504/34 of the IPC, for which the petitioners were put to trial in G.R. Case No. 575 of 2001/T.R. No. 422 of 2008. After facing the trial, petitioners were acquitted by Judgment dated 3.6.2008, passed in the said case by learned S.D.J.M., Dumka, which has been brought on record as Annexure-5 to this application.