NAWAL KISHORE PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel for the State as also learned counsel for the private respondent No. 4.

(2.) THIS writ application has been field for quashing the entire criminal proceeding against the petitioners in Giridih (M) P.S. Case No. 143 of 2011 corresponding to G.R. No. 1110 of 2011, arising out of C.P. Case No. 666 of 2011, which was instituted for the offence under Sections 147, 341, 323, 394 and 307 of the Indian Penal Code and Section 25 of the Arms Act.

(3.) FROM perusal of the record, it appears that the complaint, being C.P. Case No. 666 of 2011, was filed by the complainant respondent No. 4 in the Court of Learned Chief Judicial Magistrate, Giridih, against these petitioners. There is allegation against the petitioners of assaulting the complainant and taking away his cash and ornament. The said case was sent for institution of the police case under Section 156 (3) of the Cr.P.C., on the basis of which, Giridih (M) P.S. Case No. 143 of 2011 was instituted and investigation was taken up. The petitioners thereafter filed this application for quashing the entire criminal proceeding against them in the said case. It is apparent from the record that there was previous enmity between the parties and there are criminal cases between both the parties, filed against each other.