- (1.) THIS criminal miscellaneous petition has been filed under Section 482 Code of Criminal Procedure by the petitioner Shahansa @ Sk. Md. Shahansa for quashment of the order dated 24.11.2010, by which the process, under Section 82 Code of Criminal Procedure, was directed to be issued against him on the requisition of the Investigating Officer for the alleged offence under Sections 386/341/323/34 Indian Penal Code.
(2.) THE grievance of the petitioner is that though the case was instituted against him for the alleged offence under Sections 386/341/323/34 Indian Penal Code but on the requisition of the Investigating Officer, alleged offence was mentioned for the offence under Sections 386/341/323/34 Indian Penal Code and the learned C.J.M., Dhanbad without application of mind and in mechanical exercise allowed the requisition of the Investigating Officer and directed the processes under Section 82 Code of Criminal Procedure to be issued against the petitioner and for that, the petitioner has been highly prejudiced. Further grievance of the petitioner is that no offence alleged under Section 386 Indian Penal Code was reported against the petitioner and even then without submission of charge-sheet under that section, Investigating Officer requisitioned and accordingly, process under Section 82 Code of Criminal Procedure was issued, which is liable to be set aside. From perusal of the certified copy of the order dated 24.11.2010 as also the requisition of the Investigating Officer (Annexure-2), I find that Investigating Officer mentioned the offence under Sections 386/341/323/34 Indian Penal Code, whereas the FIR was lodged under Sections 384/34 Indian Penal Code and at no point of time, Investigating Officer has filed any petition before the C.J.M. for amendment of the section as made in the FIR. In that view of the matter, I find the order impugned dated 24.11.2010 needs interference. Accordingly, it is set aside.
(3.) IT is evident that warrant of arrest has already been issued against him, in that case the Court may call for the execution report of the process. With these observations, this petition is allowed.;