NAND KISHORE MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for the quashment of the order impugned, whereby and whereunder the C.J.M., Pakur took cognizance of the offence under Sections 323, 341 and 307 r/w Section 34 in Maheshpur P.S. Case No. 41 of 2006 corresponding to G.R. No. 163 of 2006 against the accused persons including the petitioner Nand Kishore Mandal. The prosecution story lies in a narrow compass.

(2.) THE informant Sanik Roy delivered his Fard Bayan at the Primary Health Centre, Maheshpur on 15.3.2007 narrating that on the day of reporting at about 21 hours while he was returning from his duty, the petitioner inflicted blow with the rod from his behind on the P.C.C. road opposite his house as a result of which he fell down sustaining injuries. He was removed to P.H.C. where he came to learn from his brother Moti Roy that he as well as his wife also sustained injuries in assault. Disclosing the genesis, the informant narrated that there was old litigation with the petitioner Nand Kishore Mandal and that Moti Roy would explain to the cause of his injuries. He further narrated that Gautam Mandal and Nipen Mandal had assaulted them with intention to commit their murder. The F.I.R. was instituted against all the named accused persons viz. Nand Kishore Mandal, Gautam Mandal and Nipen Mandal for the alleged offence under Sections 341, 323, 307/34 I.P.C. but the police after investigation submitted charge -sheet only against Gautam Mandal and Nipen Mandal exonerating the petitioner Nand Kishore Mandal from his criminal liability for the alleged offence under Sections 341/323/34 I.P.C. though the case was instituted Initially under Section 307 I.P.C.

(3.) THE main thrust of the learned Counsel was that the C.J.M., Pakur had no jurisdiction under Section 190 of the Code of Criminal Procedure to take cognizance of the offence against the petitioner who was not sent up by the police as because no material was found against him in course of investigation. As a matter of fact according to the learned Counsel, the petitioner Nand Kishore Mandal was working as Generator Operator in B.S.N.L., Maheshpur and at the relevant time, he was on duty, hence no chance for his participation in the alleged occurrence. This fact find corroboration in paragraph No. 29 of the case diary. But the learned Counsel submitted that the C.J.M., Pakur, lost sight of the fact and took cognizance of the offence against the petitioner as well only upon speculation that according to the Fard Bayan the first blow with rod was inflicted by the petitioner from behind the back of the informant in the night, but admittedly without disclosing the source of light for identification.