DEOKI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P.P.N. Roy, learned Senior counsel assisted by Mr. P.A.N. Roy, learned counsel for the petitioner, Mr. V.S. Sahay, learned counsel for the State and Ms. Kavita Kumari, learned counsel for opposite party nos. 4 and 5.

(2.) This petition has been filed for quashing the entire criminal proceeding including the order dtd. 7/12/2012 passed by the learned Judicial Magistrate, Ranchi in connection with G.R.No.5636/2012 arising out of Sadar P.S.Case No.283/12 whereby the learned court has taken cognizance against the petitioner, pending in the court of learned Judicial Magistrate, 1st Class, Ranchi.

(3.) The case was instituted pursuant to the statement of the informant alleging therein that on 10/10/12 at about 3 p.m Ox of Ratho Sahu was coming at home of the informant again and again. It is further alleged in the FIR that even when the informant was dragging his Ox from his house but again Ox was coming in the house of the informant. It is further alleged in the FIR that the informant with an intention to drag the Ox he had caused injury on the Ox by stick (danda) which had caused injury near eyes of the Ox and the Ox sustained slight injury on his eyes. It is further alleged that the informant had given information about that injury to Ratho Sahu then it has been alleged that wife of Ratho Sahu started abusing him. It is alleged that on 11/10/12 at 11.30 a.m while the informant was taking out milk of the cow at the house of Mahabir Sahu then in the meantime wife of Ratho Sahu namely Deoki Devi came to the village Sugnu, Upar Tola and assaulted on his head from back by stick (danda) which had caused injury on the head of the informant and blood was oozing from his head and the informant fell down. It is also alleged that she was threatening to kill him and with the intervention of the villagers that dispute was solved by the villagers and the informant was taken to the police station and accordingly FIR was lodged and he requested to take legal action regarding this.