SAMSUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. S.K. Dwivedi, learned Counsel on behalf of the petitioners, Mr. K.P. Deo, learned Counsel on behalf of the opposite party No. 2 and the learned A.P.P. on behalf of the State.

(2.) PETITIONERS , ten in number, have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer for setting aside the order dated 27.3.2003, passed by the Judicial Magistrate, 1st Class, Dumka, whereby and whereunder, after enquiry was initiated and upon being satisfied with the prima facie case, he directed that the summons be issued to the petitioners for the alleged offence under Sections 149, 120B, 302, 201 of the Indian Penal Code as also under Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 1999.

(3.) IT was attributed against the petitioners that they after forcibly entering into the house, variously armed with weapons, took away his mother who was an old woman and helpless and could not be rescued. After 5/6 days of the alleged occurrence the father of the complainant when attempted to inform the Taljhari Police he was held up by the petitioners and could not be allowed to inform the police. On 28.10.2001 the complainant lodged information to the police but he came to learn that only Station Diary Entry was made and F.I.R. was not lodged. Delay was explained that on account of helplessness of the family members the case could not be instituted at the police station.