- (1.) This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding in C.P. Case No. 242/2000 including the order dated 19-7-2000 passed by the Judicial Magistrate, Dhanbad, whereby and whereunder he took cognizance against the petitioners for the offence under Ss. 341, 323, 384, 379 and 447 of the Indian Penal Code.
(2.) It is submitted on behalf of the petitioners that this complaint case has been filed as regards to the occurrence dated 29-1-2000 for which the police case was already registered for the same occurrence as being Chirkunda P.S. Case No. 14/2000 under Sections 341, 323, 504 and 34, IPC for the same day of occurrence i.e. 29-1-2000. It is also submitted that the Court below committed error for issuance of non-bailable warrant on the same date of taking cognizance without issuing summons in this case, though the petitioners had already appeared in the case registered before the police.
(3.) There appears, this complaint case has been filed with regards to same occurrence as regards to the allegation for which a police case has already been registered and charge sheet has also been submitted in that case.;