MOHAN PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nagmani Tiwari, the learned counsel for the petitioners, Mr.Ashok Kumar, the learned counsel for the respondent State and Mr. P.S. Dayal, the learned counsel appearing for the O.P.no.2.

(2.) This petition has been filed for quashing the order dtd. 31/1/2017 passed in Criminal Revision No.216/2015 by the learned Additional Sessions Judge, 1st East Singhbhum, Jamshedpur, whereby he has dismissed the revision petition and affirmed the order passed by the learned Chief Judicial Magistrate, at Jamshedpur dtd. 29/7/2015.

(3.) The complaint case was filed alleging there in that the complainant that on 11/11/2014 at about 9 p.m. in the night hours when the complainant fell asleep in her house, she heard the noise of knocking on the door and on such sudden noise, she and her daughter frightened as there was no male member in her house and in the meantime the accused no.1 with some other persons in police uniform forcibly entered inside the complainant's house by breaking open the door. In the guise of search the damaged. That the accused no.1 after trespassing into the complainant's house illegally, on the protest raised by the complainant, shouted at her saying that he is the Bada Babu of Burma mines thana and he came to raid the complainant's house as she sells illicit liquor saying when the complainant denied to the accused no.1's allegation saying that she did not commit any offence and why they come to raid her house, said accused no.1 after asking her name and husbands name started abusing the complaint in present of the other persons saying that "Tu chote jati ki hokar bhi mujse jubanladati ho" and other persons complaining the accused no.1 also started abusing the complaint and her daughter using abusive remarks to their caste, as the complainant and her daughter are the members of schedule caste community and the accused no.1 by making further allegations that the complainant and her daughter do business of illicit liquor storing in their house by physically touching the body of the complainant and pushing her away by force the accused no.1 started looking for something but as the complaint and her daughter are innocent keeping no illegal thing in their house, the accused no.1 with his associates left the place using abusive and derogatory remarks against the complainant and her daughter in public as due to such noise and commosion on lookers/ nearby residents gathered there although keeping some distance from the complainant's house. That the complainant made written complaint regarding said incident in Birsa Nagar police station (SC/ST Cell) but after submitting the complaint she have been continuously receiving threat from police men. On or about and in between the accused no2. Santosh Tiwary and accused no.3 Aurangzeb Khan (both policemen of Burmamines Police station ) came to the house of the complainant and gave threatenings to the complainant and her daughter to withdraw said complaint or else she along with her daughter will be implicated in false cases and the police will destroy their life. Said fact was also reported to the District police civil authority and also the DIG, Kolhan and DGP, Ranchi but even then the complainant and her family are under continuous threat and suffering constant fear and oppression to their life and limb for any untoward incident by the hands of the accused persons.