LAKSHMAN URAON, J. - (1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 16.11.2002, passed by Sri J.P.N. Pandey, learned Chief Judicial Magistrate, Bokaro, in Harla P.S. Case No. 40 of 2002 (G.R. No. 334 of 2002), taking cognizance of the offences under Sections 341, 324 and 307/34 of the Indian Penal Code against four accused persons, including these two petitioners.
(2.) THE facts, giving rise to this Criminal Misc. Petition, is that the informant Surendra Pratap Choudhary alias Naku Choudhary, in his fardbeyan alleged that on 8.4.2002 at 12.30 p.m., Mohan @ Mohan Prasad @ Man Mohan (petitioner No. 1) along with his father Vishnu Prasad came to his quarter and asked him to have his meal and drinks at their quarter on the occasion of Holi, whereupon the informant went there and took his meal and drinks at their quarter. After taking meal, the accused persons, including these petitioners, started assaulting the informant with their respective weapons, with an intention to kill him, Mohan @ Mohan Prasad @ Man Mohan (petitioner No. 1) was having sword in his hand whereas his father, namely, Vishnu Prasad, was having iron rod in his hand. Saroj Yadav (petitioner No. 2) was also having sword in his hand whereas one another co -accused was armed with pistol in his hand. They assaulted him on his back, both arms, legs, causing injuries to him, who was taken to Bokaro General Hospital, Bokaro, for treatment. On his fardbeyan, case was registered under Sections 323, 324, 325 and 326 of the Indian Penal Code and after investigation, final form was submitted against these petitioners and others under Sections 323 and 324/34 of the Indian Penal Code. The learned Court below perused the police papers, submitted by the Investigating Officer and on perusal of paragraph Nos. 1, 6, 7 and 42 of the case diary, found sufficient materials to take cognizance of the offences under Sections 341, 324 and 307/34 of the Indian Penal Code and, accordingly, took cognizance of the offences.
(3.) ASSAILING the said order, the learned counsel for the petitioners submitted that it is a counter case to the case, filed by the father of this petitioner. The informant was assaulted with sword and other weapons but in this case, charge sheet has been submitted under Sections 323 and 324/34 of the Indian Penal Code. There is no allegation against these petitioners rather the informant himself is a veteran criminal and is involved in a number of criminal cases. The informant himself was the aggressor, who assaulted the wife and father of this petitioner. In the present case, which has been instituted by way of counter blast, the I.O. has not submitted charge sheet under Section 307 of the Indian Penal Code but the learned Chief Judicial Magistrate took cognizance of the offence under Section 307 of the Indian Penal Code also. On these grounds, it was urged to quash the order taking cognizance, passed by the learned Chief Judicial Magistrate.;