SAHDEO PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nishant Kumar Roy, learned counsel for the petitioner and Ms. Nehala Sharmin, learned counsel for the State.

(2.) This petition has been filed for quashing the order dtd. 20/3/2013 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Govindpur (Barwadda) P.S. Case No.415 of 2010, corresponding to G.R. No.3902 of 2010, C.O. Case No.44 of 2012, whereby, the cognizance has been taken against the petitioner under Ss. 182 and 211 of the Indian Penal Code, pending in the court of the learned Judicial Magistrate, Dhanbad.

(3.) The FIR being Govindpur P.S. Case No. 415 of 2010 was registered at the relevant time when the petitioner was posted as Officer-in-Charge of Barwadda Police Station, Dhanbad. In the FIR, it was alleged that on 16/11/2010 at about 06:00 p.m. in the evening when he was doing his official duty, then he saw that one motorcycle was coming in high speed and on seeing this, the informant tried to stop him but he tried to flee away and on chase with two other police, he was apprehended. It was further alleged that the person so apprehended disclosed his name Dhirendra Singh, resident of village Birni, P.S. Nawadih, District Bokaro. It was also alleged that thereafter the informant asked for the relevant paper of the said motorcycle but the said person was not able to produce any paper with regard to the said motorcycle. It was further alleged that since the informant was having suspicion and accordingly he searched the body of the apprehended person and on search certain map and pamphlet on which it has been written that they protest Panchayat Election, which was going to be held. It was further alleged that the said pamphlet was issued by Naxal group. Thereafter, the informant searched dickey of the motorcycle and from the dickey several naxal literature were found. All the things were seized by the informant in presence of independent witnesses. It was also alleged in the FIR that thereafter the informant interrogated the apprehended person and on interrogation he did not give any satisfactory reply. In this background, the FIR was registered under Sec. 414 of the Indian Penal Code and Sec. 17 of the Criminal Law Amendment Act.