JANAMANJAY PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mahesh Tewari, the learned counsel appearing for the petitioners, Mr. Vishwanath Roy, the learned counsel for the respondent State and Mr. Sudhanshu Kumar Deo, the learned counsel appearing for the O.P.No.2.

(2.) This petition has been filed for quashing the order dtd. 1/3/2021 passed by learned Judicial Magistrate, 1st Class, Madhupur whereby the cognizance has been taken against the petitioners under Sec. 147, 148, 448, 504, 324, 307/149 of the I.P.C. in connection with Sarath P.S.Case No.123/2020, G.R.No.260/2021, pending in the court of learned Judicial Magistrate, 1st Class, Madhupur.

(3.) The first information report was filed alleging therein that on 30/9/2020 when he was at his home at 3 a.m in the morning accused persons namely Kameshwar Pandit, Gondu Pandit, Janamjay Pandit, Tikkait Pandit, Ashok Pandit, all armed with Lathi, spear and sword assembled in front of the house of the informant and started using filthy language and abusing the informant to which he protested and tried to stop them. That it is further alleged that when the informant came out of his house then accused Janamjay assaulted him on head and right hand with the sword. Thereafter on his raising hulla Mantu Pandit, Chakku Pandit, Ashok Pandit and Basanti Devi came to the place of occurrence and started pacifying the situation upon which Tikkait Pandit assaulted Mantu Pandit with a Bhujali on his hand, Kameshwar Pandit gave a punch blow on the chest of Basanti Devi, Gondu Pandit assaulted Sanjay Pandit with iron rod on his right hand, Ashok Pandit assaulted Chakku Pandit with iron rod on his left hand. That it is further alleged that one Sunita Devi had given these deadly weapons to the accused persons and all the accused persons with the intention to kill the injured persons has committed the occurrence. That after the occurrence all the injured persons were taken to CHC hospital Sarath for treatment. Hence, on the basis of the aforesaid statement Sarath P.S.Case No.123 of 2020 has been registered against the petitioners under Sec. 147, 148, 149, 307, 323, 448 and 504 IPC"