- (1.) This is an application for quashing the order dated 22.12.2010 passed by Chief Judicial Magistrate, Ranchi in Ormanjhi P.S. Case No. 109 of 2008 corresponding to G.R. Case No. 3746 of 2008, whereby he took cognizance of the offences under Sections 147, 148, 149, 448, 341, 342, 323, 379, 427, 435 and 452 of the I.P.C. and issued summons against petitioners.
(2.) It is alleged that one Smt. Usha Devi had purchased 1.19 acres of land pertaining to khata no. 30, plot no. 18 at village Chakla vide sale deed no. 10415 dated 07.07.2005 and came in peaceful possession of the same. It is further alleged that the aforesaid Usha Devi took loan from Allahabad Bank, Harmu Branch, Ranchi and constructed a hotel in the name and style of Amantran Restaurant. It is then alleged that on 26.09.2008 at about 8:00 a.m. in the morning accused persons came at the premises of Amantran Restaurant armed with several weapons such as sword, bhala, gun, pistol etc. and demolished building of Restaurant by using a bulldozer. It is further alleged that they assaulted informant and his men present at the Restaurant. It is then alleged that in course of occurrence accused persons damaged utensils, chairs, tables, generator, electronic goods and refrigerator of the Restaurant. It is further alleged that accused Nand Gopal Sahu snatched golden chain of Abhay Dubey worth Rs. 18,000/ . It is also alleged that all the accused persons burnt motorcycle bearing registration no. JH 01P 8875, which stood in the name of Manoj Kumar Tiwari.
(3.) On the basis of aforesaid written report, police registered Ormanjhi P.S. Case No. 109 of 2008 dated 26.09.2008 and took up investigation. After investigation, charge sheet submitted against co accused Govind Lal Gupta, Ugresen Sahu, Uma Shankar Sahu, Amit Kumar Sahu, Govind Prasad, Laxman Sahu, Mukesh Pandey, Nandy Dubey, Ashish Sahu, Ramesh Sahu and Ramesh Sahu on 24.11.2008 and on the basis of same, cognizance was taken against aforesaid accused persons. It then appears that a supplementary charge sheet filed against petitioners vide charge sheet no. 179 of 2010 dated 30.11.2010 and on the basis of said supplementary charge sheet, learned Chief Judicial Magistrate vide order dated 22.12.2010, took cognizance of offences under Sections 147, 148, 149, 448, 341, 342, 323, 379, 427, 435 & 452 of the I.P.C. against petitioners. Aforesaid order dated 22.12.2010 challenged in this application.;