RAJENDRA SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Gautam Kumar, learned counsel appearing for the petitioners, Mr. V.S. Sahay, learned A.P.P. for the State and Mr. D.D. Saha, learned counsel appearing for the O.P. No. 2.

(2.) This petition has been filed for quashing of the order dtd. 10/7/2009 passed by the learned A.C.J.M., Rajmahal, in P.C.R. Case No. 79 of 2009, whereby and whereunder cognizance has been taken under Sec. 506 I.P.C. against the petitioner No. 1 and also the cognizance has been taken against the petitioner nos. 2 and 3, under Ss. 323 and 435/34 of the I.P.C., pending in the Court of learned A.C.J.M., Rajmahal.

(3.) The complaint was filed by the O.P. No. 2 stating therein that for the offence alleged to have taken place on 14/2/2009 at hours 10.30 hrs, the complainant went to School and asked for progress of construction of school building as bout 1.5 lakhs has been withdrawn 5-6 months ago and alleged that accused persons have misappropriated about Rs.1,00,000.00 (one lac rupees) Government money and has also threatened to the complainant to drag them in a false case. It is further alleged that in the evening at about 7.00 P.M., the accused nos. 3 and 4 came and assaulted him by means of fists and slap and the accused no. 3 set fire in the hut of animals and hence the present case was instituted.