HARI SHANKAR PRASAD, J. - (1.) THIS application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding of Jharia P.S. Case No. 331 of 2000 corresponding to G.R. No. 2775 of 2000 including the order taking cognizance dated 2.4.2002.
(2.) FACTS giving rise to the filing of this application are that O.P. No. 2 of this application lodged an FIR with Jharia P.S. to the effect that her son Md. Islam Mian is working in Lodna Coke Plant of M/s. Bharat Coking Coal Limited as Wagon leader and he was allotted a quarter bearing No. NHS - 9 in Coal Board Colony, Baniahir and on 13.9.2000 he shifted in the said quarter. In the meantime, one Ahmad Hussain alias Md. Ahmad Mian came and entered into the quarter with family and asked her son Islam to vacate the quarter and assaulted him and threatened him with dire consequence. From that day, Md. Islam is traceless. On the basis of this statement, Jharia P.S. Case No. 331 of 2000 was registered under Sections 448/323/364/34 of the Indian Penal Code against the petitioner. Learned counsel appearing for the petitioner has pointed out that Md. Islam voluntarily appeared before Jharia Police on 29.9.2000 and gave his statement under Sec.164, Cr PC on 30.9.2000 in which he has stated that he voluntarily left his quarter and came to Dhanbad and submitted an application before the Superintendent of Police, Dhanbad and similarly application before Jharia P.S. but the same was not entertained and when he was returning home, four persons boarded him in white coloured car and took him to a place and he was confined till 29.9.2000 and obtained his signature on 25 white papers (Annexure -3). It will appear from the statement recorded under Sec.164. Cr PC that he has not made allegation against the petitioner for kidnapping or confinement. It was also pointed out that the date of occurrence is 30.9.2000 but it has come in the departmental proceeding that Md. Islam, Wagon Loader of Lodna Coke Plant was on duty from 6.9.2000 to 10.9.2000 and 11.9.2000 was the holiday and Md. Islam had applied for earn leave from 12.9.2000 to 4.10.2000 and he joined his duty on 5.10.2000, hence there was inordinate delay in lodging the FIR as occurrence took place on 13,9.2000 but the FIR was lodged on 20.9.2000, it goes to show that the entire FIR is preplanned and managed affair by the informant. It was also pointed out that the petitioner was allotted quarter No. NHS -9 situated in Koal Board Colony, Baniahir by Project Officer, Bararee on 23.9.1999 and petitioner did not unauthorisedly occupy the quarter (Annexure -3). It was also pointed out that son of the informant has already filed a title (Eviction) Suit Being T. (E) Suit Case No. 12 of 2002 against the petitioner and other officials of BCCL. It was also pointed out that in the Title Suit, son of the informant has claimed that the quarter was allotted to him vide letter No. B/97/2000 dated 5.9.2000 whereas petitioner was allotted quarter in the year 1999 vide order dated recorded above. In support of his contention, learned counsel placed reliance upon 2003 (2) East Cr C 255 (SC) wherein it has been held that when FIR does not disclose commission of cognizable offence, that is not within the purview of the police to investigate the case.
(3.) ON the other hand, learned counsel appearing for the O.P. No, 2 submitted that the FIR was instituted on the basis of written complaint filed by the mother of Md. Islam before Jharia P.S. on the basis of which, Jharia P.S. Case No. 331 of 2000 was registered on 20.9.2000 and after investigation, police submitted charge -sheet. There are serious allegations against the petitioner and police after thorough investigation submitted charge -sheet in the case.;