KHALIL ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amarendra Kumar, learned counsel for the petitioners, Mrs. Shweta Singh, learned A.P.P. for the State and Mr. Anil Kumar Sinha, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dtd. 7/8/2012 passed in Complaint Case No.521 of 2012, pending in the court of the learned Civil Judge (Senior Division) cum Chief Judicial Magistrate, Koderma.

(3.) Initially Koderma (S.C. and S.T.) P.S. Case No.22 of 2011, corresponding to G.R. Case No.704 of 2011 was instituted on the basis of the information received from opposite party no.2 under Ss. 341, 323, 448, 504/34 of the Indian Penal Code and under Ss. 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. After institution of the aforesaid FIR, investigation was conducted by the Investigating Officer who submitted final form on 30/9/2011 showing false accusation. Against the aforesaid final form, the complainant/opposite party no.2 filed a protest petition which was converted into Complaint Case No.521 of 2012 and the learned Chief Judicial Magistrate, Koderma took cognizance under Ss. 341, 323, 448 of the Indian Penal Code and under Sec. 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.