GOHAN KALINDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of the entire criminal proceeding including the order dtd. 2/6/2017 whereby cognizance on protest cum complaint petition has been taken against the petitioner, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur.

(2.) Initially the complaint case being C-I Case No.4028/2014 was filed and the same was sent to the concerned Police Station for registration of FIR under sec. 156(3) Cr.PC and to investigate the case and accordingly Mango PS Case No.332 of 2015 corresponding to G.R.No.2350/2015 was registered in which after investigation the police has submitted final form and on 31/8/2015 in favour of the petitioner and thereafter the present protest cum complaint case has been filed, which has been registered as C-I Case No.174/2016. It has been alleged in the complaint that on 5/11/2014 the complainant was sleeping in her house with her son then in the meantime the petitioner along with four other accused persons entered into the house of the complainant by breaking the door and thereafter confined her and her son and made preparation for causing hurt and with an intent to outrage her modesty touched her private parts. When objection raised by the complainant then all the accused persons including the petitioner tied her with the help of rope. Thereafter with an intention to destroy her house, they set her house on fire. The complainant and her son got injuries on their body from the assault made by the accused persons. Thereafter the complainant reported the matter to the concerned police station and having seen the serious injuries on the body of the complainant she was sent to MGM hospital for treatment where she was admitted on 6/11/2014 where she got herself treated by Dr.T.Barla. It is further alleged that the police came to the place of occurrence took the statement of the witnesses but till now the case has not been initiated against the accused persons and when this fact came to the knowledge of the complainant, she filed the present complaint case.

(3.) The said complaint petition under sec. 156(3) Cr.P.C was sent before the police to institute an F.I.R and conduct the investigation. The police after investigation submitted final form saying that the case is of civil in nature and no case against the petitioner is made out. The O.P.No.2 filed the protest cum complaint petition and on that the cognizance has been taken against the petitioner.