SHAKTI PAD SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the order taking cognizance dtd. 15/5/2018 passed by learned Chief Judicial Magistrate, Bokaro in connection with Protest cum Complaint Petition Case No.1093 of 2015 pending in the court of learned Chief Judicial Magistrate, Bokaro.

(2.) The complaint case was filed alleging therein that the prosecution case is based on the written complaint of the O.P.No.2 is interalia that the complainant was an employee of Chimni Bhatta (Bricks) where he is residing in hut constructed at the place including other workers. On 10/9/2015 at night at about 11.30 p.m the petitioners along with 4-5 unknown persons duly armed with various weapons forcibly opened the door of his room and started abusing and assaulting him with lathi causing multiple grievous injuries on his body. It is further alleged that petitioners had also taken away Rs.5,500.00 kept in the drawer of the table along with documents relating to his lands, LIC certificate and other documents.

(3.) Complainant further stated that he and his brothers are rightful owner of the land and they are in exclusive possession as their ancestral property. It was further stated that there had been proceeding u/s 107 and 144 Cr.P.C. between the parties and the petitioners are agents of Vastu Vihar and company. There is Shram Colony over adjacent lands of the complainant which it claimed to be purchased from the petitioners and on its pressure petitioners had earlier filed a criminal case vide G.R.Case No.1954 /2012 against the complainant which is still pending. The petitioners also used to pressurize the complainant to leave the possession of land.