UTTAM RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mahesh Tewari, learned counsel for the petitioners, Mr. Tapas Roy, learned counsel for the State and Mr. Indu Shekhar Gupta, learned counsel for the O.P. No. 2.

(2.) This petition has been filed for quashing of entire criminal proceedings as well as order dtd. 25/1/2016 by which cognizance has been taken against the petitioner under Sec. 341, 323 and 504 of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate, Pakur.

(3.) O.P. No. 2 has filed complaint alleging therein that on 7/5/2014 between 1.30 to 2.30 P.M. some of the accused persons had cut one neem tree from the land of which her husband Rajesh Rajak is the common ancestor of the recorded tenant and the petitioners have no relationship with the said recorded tenant. It is further alleged that on 25/5/2014 at about 10.00 A.M. the complainant protested against some of the petitioners regarding cutting of the neem tree, then all the petitioners started assaulting her along with her family members with fists, kicks and blow. It is further alleged that the petitioner no. 1 caught the hands of the complainant and disrobed her and outraged her modesty. It is further alleged that petitioner nos. 1 and 2 entered into room of the complainant and took away Rs.7,000.00 along with other articles. Thereafter on hulla being raised by the complainant, the petitioners fled away from there.