MOHAMMAD ARSHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, the learned counsel appearing on behalf of the petitioner, Mr. Abhay Kumar Mishra, the learned counsel appearing on behalf of the O.P.No.2 and Mr. Hatim, the learned counsel appearing on behalf of the respondent State.

(2.) This petition has been filed for quashing the entire criminal proceeding including the order dtd. 2/12/2019 in connection with Complaint Case No.836 of 2018, pending in the court of learned Chief Judicial Magistrate, Garhwa.

(3.) The complaint case has been filed alleging therein that the complainant is a practicing Advocate. On the date of alleged occurrence i.e. on 30/4/2018 at about 08.30 P.M., the complainant while returning home in his motorcycle from the market, got stuck in a traffic jam and all of sudden, the vehicle of Superintendent of Police, Garhwa's car approached from behind and 5-6 body came out of the car and looted the complainant's mobile and asked if he was Advocate Ashish Dubey and when he confirmed about such identity, upon the instructions of this petitioner the bodyguards started abusing and assaulting the complainant in front of everybody because of which the complainant sustained injuries. After such assault, the complainant was taken to the police station by the petitioner and his bodyguards and thereafter again abused and assaulted the complainant in the police station. One Gorelal Kunwar looted the mobile phone of the complainant and kept him in police custody the entire night without any food. On 1/5/2018 the complainant was released on personal bond. The complainant has also alleged that before putting his signature on the personal bond, he had been insisted to sign another personal bond which mentioned that the complainant had tried to disturb the peace by making comments on religion which will disturb the peace of the society but the complainant had refused to sign such personal bond.