R.R. Prasad, J. - (1.) This application has been filed for quashing of the entire criminal proceeding of C.P.case No. 5 of 2001 including the order dated 7.2.2001 whereby and whereunder the learned Additional Chief Judicial Magistrate, Koderma having found the prima facie case being made out under Sections 147, 148, 149, 341, 323 and 384 of the Indian Penal Code and also under Section 27 of the Arms Act summoned the petitioner to face trial.
(2.) Having heard learned counsel appearing for the parties, it does appear that one Mahendra Yadav lodged a case on 2.1.2001 alleging therein that accused persons named in the first information report came to village-Basodih Chowk on 1.1.2001 where circus show was going on. They purchased tickets of the enclosure price of which was Rs. 5/- but they wanted to sit in the enclosure ticket of which was of Rs. 15/- for which they even applied force to get the seats vacated which had already been occupied. This action was retaliated by the audience as well as villagers and therefore, they did not succeed in their mission. On the next day in order to wreak vengeance, number of accused persons came to village Samaldih who were variously armed and then attacked the house of the informant Mahendra Yadav and damaged tiles of the roof, tractor and also took away battery, dynamo of the tractor. They also pelted stones on the house of other persons. On such information, Sat-gaon P.S. case No. 1 of 2001 was registered under Sections 147, 148, 149, 427 and 379 of the Indian Penal Code and also under Section 27 of the Arms Act against the accused persons.
(3.) However, after four days of said occurrence, complainant lodged a complaint case alleging therein that on 1.1.2001 at about 4.30 p.m., the complainant Shailendra Singh was going to purchase coal and when he reached near Basodih Chowk, he was accosted by the petitioners, who were variously armed. They forcibly brought him to the house of Sunil Yadav at village Samaldih where he was assaulted after being confined in a room. The accused persons snatched the money amounting to Rs. 1800/- and also wrist watch, woolen Shawl and slipper. Thereafter the accused persons brought him to the house of one Mahendra Yadav from where he succeeded to flee away.;