DHIRAJ KUMAR THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Navin Kumar Singh, learned counsel for the petitioner, Mr. Md. Asadul Haque, learned counsel for opposite party no.2 and Mr. Achinto Sen, learned counsel for the State.

(2.) This petition has been filed for quashing the order dtd. 25/5/2017 including the entire criminal proceeding in connection with Complaint Case No.338/2011, pending in the court of the learned Judicial Magistrate, 1st Class, Pakur.

(3.) The complaint case No.338/2011 has been instituted on the basis of the protest petition dtd. 20/10/2011 by opposite party no.2 in Hiranpur P.S. Case No.05/2011 dtd. 30/1/2011 after submission of final form by the Investigating Officer in which the petitioner has not been sent up for trial, alleging therein that the complainant/informant happens to be an elected member of Panchayat Samiti, Hathkathi, had gone to Block Office, Hiranpur for participating Panchayat Pramukh Election and she wants to cast her vote in favour of Basanthi Kisku, but the accused-petitioner cunningly by giving threat induce her to cast her vote in favour of Basanti Murmu and when immediately after foul play of the accused persons, she raised protest against it then all accused persons assaulted her and abusing her by filthy languages. When her husband and sister-in-law came to save her, accused persons also assaulted them which caused physical injury on their part, accused person also abusing them by calling chamar.