SARVAJEET NARAYAN JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner, Sarvajeet Narayan Jha, herein has preferred this petition under section 482 of the Code of Criminal Procedure for quashing the Complaint petition in C.P Case No. 1186 of 2001 pending in the court of Shri KK Shukla, Sub -Divisional Judicial Magistrate, Dhanbad as well as the order impugned dated 11.10.2001 whereby and whereunder the Chief Judicial Magistrate, Dhanbad has taken cognizance of the offence against the petitioner under Section 323 of the Indian Penal Code.

(3.) LEARNED counsel appearing for the petitioner Mr. Rajan Raj submitt J that C.E. Case No. 266 of 2001 was lodged in the Court of the Chief Judicial Magistrate, Dhanbad against the complainant's son Sanjay Sao, in respect of raid conducted by the petitioner on 9.10.2001 and recovery of 45 litres of country liquor thereto and, only with a view to harass the petitioner and to defend himself, in C.E. Case No. 266 of 2001 the complainant/opposite party no. 2 being the mother of Sanjay Sao brought about the present complaint after delay of two days i.e. on 11.10.2001. Injury report (Annexure -4) clearly shows that she sustained minor bruise, may be due to fall on her own fault or in course of illegally resisting the search conducted by the petitioner and others on the date of occurrence.