RAJ NARAYAN PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Gautam Kumar, learned counsel for the petitioners, Mr. Rakesh Ranjan, learned counsel for the State and Mr. Ranjit Kumar Tiwari, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceeding including the order dtd. 7/7/2012 passed in P.C.R. No.68 of 2012, so far as the present petitioners are concerned, pending in the court of the learned Chief Judicial Magistrate, Sahebganj.

(3.) The complaint case was filed alleging therein that Paras Nath Ray and Raj Narayan Pandey with some anti social elements entered in his room with arms and accusd Raj Narayan Pandey on the point of pistol forcibly took the signature of the complainant on six Non-Judicial Paper and gone away. It was further alleged that maximum portion of room which is situated at Mouza Sakrogarh of the complainant has been occupied by the accused persons forcibly. It was also alleged that for the said occurrence, the complainant has filed an Information Petition before the learned court on 30/1/2012 vide Information Petition No.43 of 2012 and also made complaint to the concerned Police Station and after knowing the same, petitioner no.1 threatened him on mobile and lastly on 15/2/2012 at about 09:00 A.M., petitioner no.3 started to dig near the room of the complainant and on protest, petitioner no.3 with the help of petitioner no.2 snatched her golden chain worth Rs.30,000.00 and other accused Radhey Prasad Rai caught hold the complainant and petitioner no.3 entered in his house and took away Rs.10,000.00 which is lying on the bed. The complainant was examined on solemn affirmation and witnesses have also been examined under Sec. 202 Cr.P.C. and ultimately a prima facie case under Ss. 448, 323, 504, 506, 379 and 386 of the Indian Penal Code is found against the petitioners and other accused persons and summons issued against them.