YOGENDRA SAW Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mishra, the learned counsel for the petitioner as well as Mr. Deepankar Ray, the learned State counsel.

(2.) This petition has been filed for quashing of the FIR giving rise to the Barkagaon P.S.Case No.39 of 2019 dtd. 25/2/2019 under Sec. 147, 148, 341, 323, 504, 506, 385, 34 of I.P.C read with Sec. 3 and 4 of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of learned Special Jude, SC/ST Act, Hazaribagh.

(3.) The FIR was registered alleging therein that informant on 27/2/2019 went to panchayati bhawan from his village Urej and while returning from there at 15.30 hrs three unknown persons, one whose face was covered by helmet and other two whose faces were covered by gamcha asked the informant to stop his vehicle and when he stopped then those unknown persons took out pistol from their waist and started saying that you resign from AJSU party and come with Mantriji and also said that it is better for harijan of Barkagaon to come with Teli. Because of this incident, he and his family members are frightened. Thereafter they called ex-minister Yogendra Saw over phone and speaker of the phone was on and the informant heard that those unknown persons were told that if the informant understands then its alright otherwise kill him and there after informant out of fear agreed to them and said that he will support them in the election. The informant came to that previously also member of Extremist group namely Tiger group were sent who were caught by the police in Ambatola bazar which is registered as P.S. Case No.89 of 14 and on aforesaid background, FIR was registered against the petitioner.