GAUTAM KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.S. Dayal, learned counsel for the petitioner and Mr. Ashutosh Anand, learned counsel for the State.

(2.) This petition has been filed for quashing of entire criminal proceeding as well as order taking cognizance dtd. 6/1/2009 passed by the learned Chief Judicial Magistrate, Ranchi in Namkum P.S. Case No.04/07, corresponding to G.R. Case No.48/07, pending in the court of the learned Judicial Magistrate, Ranchi.

(3.) The FIR was registered alleging therein that patrolling party on 6/1/2007 received a secret information that one Sandeep Pradhan @ Thapa (since acquittal) disclosed the fact as to how the murder of Surendra Rai took place at Saki Bar Restaurant. After information, the informant went Saki Bar Restaurant with police party and thereafter they went near Dari Kuana and arrested three persons i.e. two accused persons and one another namely Rajesh Kumar, whose case has been split up later on. On search from the person of Rajesh Kumar, on 9 mm pistol with six live cartridges were recovered whereas from the possession and person of Sujeet Kumar, one hand grenade was recovered from his pocket and one live cartridge of 9 mm and three mobile SIM, whereas from the person and possession of Gautam Kumar @ Pachu, a mobile and some paper regarding tender was recovered. The articles were recovered in presence of two independent witnesses.