BIJAY MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present criminal miscellaneous petition has been filed for quashing the order dated 24.05.2006 passed by the Judicial Magistrate, 1st Class, Seraikella, whereby the cognizance of offences under Sections 147, 148, 435, 307 and 302/149 of the IPC has been taken against the petitioners. Further prayer has been made for quashing the proceeding subsequent to the said order taking cognizance in connection with G.R. No.34/2004 arising out of Complaint Case No.C1-9/04, pending in the court of Sri A. Lal, Judicial Magistrate, Seraikella.

(2.) Complaint Case No.C1-9/2004 has been filed by the opposite party No.2 alleging, inter alia, that the complainant is the owner of one Tata Spacio Vehicle bearing registration No.JH-05D-7040, which was used to carry staff of S.B.I. and Civil Court from Jamshedpur to Seraikella and back. On many occasions, the vehicle was used by the S.B.I., Seraikella to bring and remit huge cash amount to other branches of the bank. Being aware of the above facts, the petitioners told the helper- Bahadur Mahato and the driver- Pawan Mahato to stop the vehicle at specified place on the signal for the purpose of plundering the cash amount, but they refused to do so due to which the petitioners threatened the driver and helper of the vehicle of the complainant with dire consequence. On 14.01.2004, the vehicle of the opposite party No.2 was taken to village Bandhdih by driver Pawan Mahato, helper Bahadur Mahato, his uncle Chinibas Mahato and Shankar Mahato where Chinibas Mahato was to meet his brother-in-law.

(3.) The learned court below vide order dated 24.05.2006 took cognizance of the offences under Sections 147, 148, 435, 307, 302/149 of the Indian Penal Code against the petitioners.