SHAHBAJ ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the order dtd. 9/9/2020 whereby cognizance against the petitioner has been taken in connection with Pithoria P.S.Case No.34/2017, corresponding to G.R.No.1219/2017, penning in the court of learned Judicial Magistrate, First Class, Ranchi.

(2.) The FIR was registered on the written statement of Assistant Sub Inspector alleging therein that: On 9/3/2017 in about 17.00 p.m evening patrolling party departure from Pithoria Police Station with Havildar 332, Kumar Praduman Dubey, Police/2050 , Bindu Kumar, Police/2113, Bijay Ekka, Police /2077 Rakesh Kumar Paswan. That about 18.30 p.m the patrolling party was moving in the locality of Duhu Tola, at the same time the officer in charge intimated that Shahbaj Ansari had called with his mobile and informed that marpit is going in Piru Tola. Upon direction of officer Incharge said patrolling party moved for Piru Tola. That on 19.00 O Clock the patrolling party reached and seen that so many people are gathered and the same time he contacted with Shahbaj Ansari. The said Shahbaj Ansari replied that there is marpit occurred between my father, Alam Ansari and my tenant namely Imroj Ansari, son of Immaudidin Ansari, r/o Piru Tola and my father had visited to police Station. Shahbaj Ansari further replied that Imroj Ansari is my tenant and I had closed the shutter of his shop and the key of his shop is laying with him. The informant, Assistant Sub Inspector directed to open the shop, upon direction of informant he opened the shutter of shop. That members of patrolling party have entered in the said shop for enquiry at the same time Shahbaj Ansari showed him a country made pistol laying inside the shop in the light of his mobile. The informant seized the said countrymade pistol in the left side of shop. The informant had seized the pistol in accordance with law and prepared a seizure list in presence of two independent witnesses respectively named as 1.Rashid Ansari, son of Subhan Ansari, r/o Piru Tola, PS Pithoria, District Ranchi and 2. Md. Akhtar, son of Md. Jamiruddin, r/o Piru Tola, PS Pithorioa, District Ranchi. The informant had examined the said country made pistol in presence of the said independent witnesses and found alive 7.62 cartridge of S.L.R in which back side 7-62 M80 of v85 was printed, he seized it and taken signature of independent witness and said country made pistol and live cartridge is produced for further necessary action.

(3.) The learned counsel for the petitioner submits that the petitioner is the owner of the shop in question. He submits that the Katta and pistol were recovered from the shop which is being operated by one Emroz Ansari. He further submits that he has informed the police about the things which were going on in the shop being operated by Emroz Ansari. He submits that the charge sheet has been submitted in which the said Emroz Ansari was not sent up for trial and cognizance has been taken against the petitioner on whose instigation the FIR was lodged. According to him the cognizance order is non-speaking order. Mr. Ravi Prakash Mishra, the learned counsel appearing on behalf of the respondent State submits that the shop in question was of the petitioner and the key of the shop was with the petitioner and that is why the FIR has been lodged and there is no illegality in the cognizance order.