- (1.) THE petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for the quashment of their entire criminal proceeding arising out of Godda (Town) P.S. Case No.73 of 2006, corresponding to G.R.No. 267 of 2006, pending before the C.J.M., Godda for the alleged offence under Sections 452/166/120B/34 of the Indian Penal Code. The police after investigation submitted charge -sheet against as many as three accused persons Yogendra Tiwary, Arvind Singh but the co -accused Munna Tiwari was shown absconder therein.
(2.) THE prosecution story in short was that when the petitioner Yogendra Tiwari, who was the Jail Zamadar and was Incharge of the Jail in absence of the Superintendent of Jail who had gone out on his official duty, it was alleged that he along with Arvind Singh and about 12 -15 unknown culprits including one veteran criminal Munna Tiwari and with the members of band party unauthorizedly entered in the periphery of the Jail premises by getting the door of the jail opened and terrorized the inmates of the jail in various manner. On the opposition made by the prisoners of Jail, they were threatened to be killed by the criminals of the State level. The entire episode was enquired by the C.J.M., Godda under the instruction of the District and Sessions Judge, Godda in which the complicity of the petitioners and others were found to be true. The main contention of the learned Counsel is that since the petitioners were the employees of the jail at the relevant time and they were authorized to enter into the jail premises in such situation no offence much less the offence alleged under Sections 452/34 of the Indian Penal Code shall be attracted against any of them.
(3.) SECTION 452 of the Indian Penal Code deals with Housetresspass after preparation of hurt, assault or wrongful restraint which speaks: "Whoever commits house -trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear or hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. The offence was triable by any Magistrate." ;