YATINDRA KUMAR DAS Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed for quashing of First Information Report dated 06.06.2009 of SC/ST P.S.Case no. 30/09 corresponding to G.R.2277/09 under sections 341, 323,354,448/34 of the Indian Penal Code and Sections 3(1)(X) of the Scheduled Caste and the Scheduled Tribe ( Prevention of Atrocities ) Act. Petitioners have further prayed for quashing the entire criminal proceeding initiated on the basis of aforesaid F.I.R.. Petitioner then prayed for quashing the order dated 23.01.2010 passed by the Chief Judicial Magistrate, Ranchi, whereby and where under he issued non-bailable warrant of arrest against the petitioners.

(2.) Before dealing with the rival contention of the parties, I find it appropriate to state the facts of the case in brief :-

(3.) Initially, A.Vijay Laxmi, Addl. Superintendent of Police, Hatia took the investigation of the case. Later on Dy. S.P. Hatia took up the investigation. It appears that Deputy Superintendent of Police filed a requisition in the court of Chief Judicial Magistrate, Ranchi for issuance of warrant of arrest against the petitioners, which was issued by the Chief Judicial Magistrate vide order dated 23.01.2010.It is stated that after issuance of warrant of arrest, the matter was published in the newspaper and then only petitioners came to know that they have been implicated in the present case.