GOUR CHANDRA GORAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel for the State and learned counsel for O.P. No.2.

(2.) IN this application, the prayer of the petitioners is for setting aside the order dated 17.07.2010, passed in Criminal Revision No. 80/2010 by the learned Additional Sessions Judge, Fast Track Court No. III at Dhanbad, by which the revision application preferred on behalf of the petitioners against the order dated 25.01.2010, passed by the learned Judicial Magistrate, 1st class, Dhanbad in C.P. Case No. 416/2003 had been dismissed.

(3.) THE prosecution story as would appear from the complaint case bearing C.P. No. 416 of 2003 is that one Nimai Gorain (accused no. 7), who happened to be relative of the complainant, informed the complainant that his son Sumanto Gorain had come from Kolkata and requested him to accompany him for going to his inlaws house at village Chhota Ambona. It is alleged that both of them had gone by motorcycle and on return Sumanto Gorain asked Nimai Gorai to stop the vehicle, at which he got down and fled without disclosing his destination. It is further alleged that on such information when the complainant ( O.P. No. 2) went on search of his son, he spotted the dead body of his son lying near the railway track. In the complaint petition, it was also asserted by the complainant that with respect to the self same incident, he had lodged a First Information Report being Dhanbad G.R.P. Case No. 80 of 2002.