(1.) HEARD Mr. P.C. Roy, learned counsel for the petitioners, Mr. Shekhar Sinha, learned counsel for the State and Mr. S.K. Murty, learned counsel for O.P. No. 2.
(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Complaint Case No. 6 of 2003, corresponding to T.R. No. 975 of 2003 including the order dated 24.2.2003, passed by Shri A. Kumar, learned Judicial Magistrate, 1st class, Giridih, whereby and whereunder cognizance has been taken for the offence under sections 341, 342, 323 and 379 of the Indian Penal Code.
(3.) THE prosecution story in brief is that on 27.12.2002, the petitioner no. 1 was posted as a Junior Sub Inspector and he had asked the complainant to disclose the name of some boys of the locality and on refusal to do the same, the petitioner no. 1 caught hold of the hands of the complainant -opposite party no. 2 and brought him to the police station where he was assaulted by him and a wrist watch was allegedly snatched from the complainant. It was further alleged therein that petitioner no. 2 had slapped the complainant and had abused him and finally had locked him up in the lock up of the police station and only at the intervention of S.P., Giridih, the complainant was finally released.