UPEN CHANDRA MAHATO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. H.K. Mahto, learned counsel for the petitioner and Mr. Arun Kumar Pandey, learned counsel for the State. In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Ichagarh P.S. Case No. 7 of 2000 corresponding to G.R. No. 30 of 2000 including the order dated 11.7.2000 passed by the learned Additional Chief Judicial Magistrate, Seraikella whereby and whereunder cognizance has been taken for the offences punishable under Sections 147, 148, 149, 332, 333, 323, 379, 325, 353, 307 of the Indian Penal Code and under Section 27 of the Arms Act.

(2.) It appears that a First Information Report was instituted on the self-statement of Sub-Inspector of Police, Tiruldih O.P., P.S.-Ichagarh in which it was stated that when he was on law and order duty on 18.1.2000, a dispute arose between the members of Mela Committee and some anti-social elements regarding installing of cycle-stand. It has been alleged that on being informed, when the informant went to the place of occurrence, several persons armed with various weapons rushed towards the police and in the meantime, one Balram Lohra fired upon the police, but thankfully none was injured. It has further been alleged that the anti-social elements started pelting stones upon the police personnels, but on account of interference of Ex-M.L.A. of the locality, the police personnels were rescued and thereafter taken to Tiruldih O.P.

(3.) On the basis of the aforesaid statement of Sub-Inspector of Police, Ichagarh P.S. Case No. 7 of 2000 was instituted. After investigation was conducted, a charge-sheet was submitted against 3 accused persons whereas with respect to the rest accused persons, investigation was kept pending, but so far as the petitioner was concerned, final form was submitted showing lack of evidence. However, vide order dated 11.7.2000, the learned Additional Chief Judicial Magistrate, Seraikella on receiving a supplementary charge-sheet dated 30.6.2000 was pleased to take cognizance against the accused persons named in the charge-sheet including the petitioner against whom final form was submitted by the police.