DOMAN MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 5/ 16.5.2012 Heard learned counsel for the petitioners and learned counsel for the State.

(2.) PETITIONERS have filed this application for quashing the order dated 7.4.2011 passed by Sri A. K. Dubey, learned Judicial Magistrate, 1st class, Jamshedpur, in C/1 Case No. 4132 of 2010 whereby, the prima facie case has been found against the petitioners for the offence under Sections 323, 306, 304 B, 498A and 506 of the I.P.C and the processes have been ordered to be issued against the petitioners.

(3.) AFTER having heard the learned counsel for the petitioners and upon going through the record, I find that though the subsequent complaint case has been lodged for the same occurrence, but a totally different version about the prosecution case has been given in the said complaint case. On the basis of the statement of the complainant recorded on S.A and the witnesses examined by the Court below in the enquiry stage, the prima facie case has been found by the Court below against the petitioners. At this stage the Court below had no occasion to look into the F.I.R. in Potka P.S. Case No.88 of 2010 corresponding to G.R Case No. 3183 of 2010, or the materials relating to the said case.