BRIGADIAR MANGALORE DAMODAR KAMATH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Cr. Misc. Petition has been filed against the order dated 24.1.2001 passed by the learned 1st Additional Sessions Judge, Bokaro in connection with Cr. Revision No. 44 of 2000 and also against the order dated 22.5.2000 passed by the then Judicial Magistrate, 1st Class Shri K.M. Pandey in connection with C.P. Case No. 13/1996 whereby the learned Magistrate has given opportunity to the complainant to deposit Rs. 200/ - as cost for issuance of 'Dasti summon against witness Binod Kumar.

(2.) THE brief facts which appear from the Complaint is that the complainant had purchased 'Terra -Cobra Scrapper Machine from D.V.C. Since the machine was not in order, the complainant requested the authorities of D.V.C. to have a watch on the machine which was removed to 'Foot -ball ground adjacent to D.V.C. premises. The security personnel of D.V.C. were directed to watch whereas the complainant had also deputed one of his staff for the security and safety of said machine. On 06.10.1994 several parts of said 'Terra -Cobra Scrapper Machine were cut and loaded on Trucks by using gas cutter on the instruction of accused persons. Staff of the complainant informed about the dismantling of the machine whereafter the complainant herself visited the spot on 7.10.1994 and she found that said 'Terra -Cobra Scrapper Machine was totally dismantled and damaged at the instance of accused persons. The front tyres, bearing, brass bushes were cut with the help of gas cutter and loaded on two Trucks. She immediately rushed to the concerned police station and informed the matter. The Officer -in -Charge visited the place and seized the Truck with cut parts of the said machine and instituted 'Sanha. Thereafter, the complainant had approached the accused persons who are the officials of the D.V.C. For compensation against the pilferage and damage of machine purchased by her, no heed was paid though complaint was made, as a result, she lodged a complaint case in the Court of learned A.C.J.M., Bermo at Tenughat vide C.P. Case No. 13/1996 in which enquiry was held and cognizance was taken.

(3.) AFTER the case was remanded back to the court -below, the complainant filed a petition for issuance of summon against witness Binod Kumar and also prayed to examine other witness who was not cited as witness in the complaint. The learned court -below vide order dated 22.5.2000 allowed the petition to the extent that witness Binod Kumar, who is cited as witness in the complaint can be summoned and 'Dasti summon can also be issued on payment of cost of Rs. 200/ - but the learned court did not consider the issuance of summon against that witness, who was not cited as a witness in the complaint and it was considered as prematured prayer.