OLEK SAHU @ ALOK SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the orders dtd. 7/11/2019 and 8/8/2025 passed by the learned S.D.J.M., Seraikella in connection with Rajnagar P.S. Case No.30 of 2017 corresponding to G.R. Case No.507 of 2017(S), and S.T. Case No.89 of 2017, whereby and where under the learned S.D.J.M., Seraikella found prima facie case in respect of the offences punishable under Sec. 147, 148, 149, 341, 323, 325, 302, 353, 427, 504, 506, 435, 333 of the Indian Penal Code and committed the case to the court of learned Sessions Judge, Seraikella, which has been registered as S.T. Case No.153 of 2025 after commitment.

(3.) The brief fact of the case is that on 18/5/2017, the villagers of village Sobhapur, Kamalpur, Daandu, Gopinathpur etc. assembled in the village Sobhapur and assaulted Murtaza Ansari who used to hide the child lifters in his house by giving shelter to them. Police along with the Circle Officer as well as the Block Development Officer reached the place of occurrence. The villagers used criminal force by deterring the informant as well as the Circle Officer in discharging their duties by stopping their vehicle on the way to the said village and torched the said vehicle, causing injuries to 2 to 3 constables. The victim could be rescued and he was taken to hospital after more police force arrived but the victim died. On the basis of the self-same occurrence, firstly, on the written report of the Sub-Inspector, Rajnagar P.S. Case No.29 of 2017 was registered and police took up investigation of the case and submitted charge-sheet. The accused persons faced trial but some of the accused persons were convicted and others were acquitted by the learned Additional Sessions Judge-I, Seraikella-Kharsawan in Sessions Trial No.86 of 2017 dtd. 16/7/2018.