D.K. Sinha, J. - (1.) PETITIONER has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order impugned dated 3.8.2010 by which the learned CJM, Lohardaga had taken cognizance for the alleged offence under Sections 147/148/149/341/323/307/120B of the Indian Penal Code as also under Section 17(ii) of the Criminal Law Amendment Act in Kisko P.S. Case No. 49 of 2008, corresponding to G.R. No. 500 of 2008.
(2.) IT is stated that after institution of the FIR, Investigating Officer investigated the case and submitted final form exonerating the criminal liability of the Petitioner but the learned CJM, Lohardaga after perusal of the case diary and other materials on the record, took cognizance of the offence under the aforesaid sections. The learned Counsel Mr. Banerjee appearing on behalf of the Petitioner assailed the impugned order by which cognizance of the offence was taken, only on the ground that none of the offences alleged is made out against the Petitioner.
(3.) FROM perusal of the FIR, I find that the name of the Petitioner appears at least at three places. It is alleged that the Commander of MCC Sanjay Jee had directed the informant Elahi Ansari that the mining work would be conducted by Sahid Ansari and Sanju Singh . It is further alleged in the FIR that the Petitioner Sanju Singh @ Sanjeev Kumar Singh had extended threat to the informant to leave the mines, otherwise he would be killed. It was further alleged by the informant that entire illegal mining work was conducted at the instance of Sahid Ansari and Sanju Singh on the hillocks where there was deposit of bauxite.;