MUNNA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Prabhat Singh, learned counsel for the petitioner and Mr. Bishambhar Shastri, learned counsel for the State.

(2.) The present petition has been filed for quashing of F.I.R. being Sadar P.S. (ST)SC) Case No. 268 of 2009, corresponding to G.R. No. 1086 of 2009 for the offence registered under Sec. 447, 341, 323, 307, 289, 505(2) of the I.P.C. and under Sec. 3(v)(x) (xi)/3 (2-v) SC/ST (Prevention of Atrocities Act). By order dtd. 21/2/2023 I.A. No. 9053 of 2022 filed for amendment was allowed and thus order taking cognizance dtd. 29/7/2022 is also under challenge.

(3.) The F.I.R. has been lodged alleging therein that on 22/7/2009 the informant along with his wife was ploughing his field where Munna Singh and Ravi Singh armed with pistol, Lalu Singh armed with tangi and Uday Singh armed with lathi came to his field and abused them, asked them to flee away. When the informant and his wife told them that land belong to them and how they leave land, at that time several persons assembled there and the accused persons abused them by saying sala chamar siyar and also threatened them not to come over the land failing which they would kill them. It is further alleged in the complaint that when the informant told them as to why they are making insult in presence of persons, they became angry and assaulted them by feet and also assaulted the oxen by lathi. It has further been alleged in the F.I.R. that the accused persons also told by showing pistol that they will kill them by all the bullets. It was further alleged that the accused Lalu Singh and Uday Singh had told to kill Chamra sala and there after they also pressed their neck.