SHAMBHU NATH RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Prabhash Kumar, learned counsel for the petitioners, Mr. Md. Imtiaz Khan, learned counsel for opposite party no.2 and Mr. Shailendra Kumar Tiwari, learned counsel for the State.

(2.) This petition has been filed for quashing of entire criminal proceeding including the order taking cognizance and issuance of summon dtd. 5/8/2016 in connection with Protest/Complaint Case No.794 of 2014 whereby cognizance has been taken under Ss. 341 and 323/34 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Ramgarh.

(3.) The Protest/Complaint Case No.794 of 2014 arising out of Ramgarh P.S. Case No.211 of 2013 was filed by opposite party no.2 alleging therein that an occurrence took place on 14/7/2013 at 09:00 a.m. The complainant had initially filed Complaint Case No.1258 of 2013 before the learned Chief Judicial Magistrate, Ramgarh which was referred to Ramgarh Police Station Officer Incharge under Sec. 156(3) Cr.P.C. for investigation and thereafter Ramgarh P.S. Case No.211 of 2013 was registered by the Ramgarh Police and investigation was started by the Sub-Inspector and after investigation, final form was submitted by the police. Thereafter, the complainant filed Protest/Complaint Case No.794 of 2014. It was alleged that the complainant and accused no.1 Anarsi Rai are own brother and accused no.2 is nephew of the complainant and accused no.3 Dharmendra Kumar is grandson of complainant and accused no.4 is daughter-in-law of the complainant. The complainant and accused persons are living at one place and their house are adjacent. The complainant has constructed drain for discharge of water from his house and accused persons objected to it in respect of discharge of water from drain. Thereafter, the accused person came out armed with lathi, rod and rifle. The accused no.2 started fire upon complainant, but it did not hit the complainant and the witnesses also arrived at the place of occurrence. The accused no.3 assaulted the complainant and his son Manoj Kumar with lathi as a result whereof he sustained severe injury. It was further alleged that the complainant's wife Phuljhari Devi went there for rescue but she was also assaulted by accused no.4 and alleged that she is Dian and is involved in witch crafting and used filthy languages and accused no.3 snatched away one gold chain from her which was approx valued of Rs.30,000.00. Prior to this incident, one Panchayati was also held but it was rejected by the accused persons and therefore, the accused persons have committed offence and prayed for taking appropriate action against them.