- (1.) THIS writ application has been filed for quashing the entire criminal proceeding relating to Taratand P.S.case no.13 of 2010, corresponding to Sessions Trial No.68 of 2012, as for the same occurrence, another case i.e. Taratand P.S.case no. 12 of 2010 corresponding to Sessions Trial No.26 of 2012 is pending in the same court.
(2.) IT appears that Taratand P.S.case no.12 of 2010 registered against the petitioners on the information lodged by A.S.I. Baijnath Singh on 02.05.2010, wherein he alleged that he received information that one person had assaulted his wife with knife in the village Pandaria, Tola -Kolharia. Thereafter, he alongwith other police personnel went there on a government jeep and saw the lady in injured condition. He further stated that number of persons, both male and female, assembled there and assaulting one person by tying him on a tree. The informant further alleged that when he tried to pacify and requested them to allow him to take the injured lady to hospital for treatment, the mob become furious and started damaging the house of Abdul Mazid and Kamrul Ansari and put fire in those houses. He further alleged that the mob pelted stones towards police. He then alleged that thereafter, the mob put fire in the police jeep.
(3.) IT appears that another F.I.R. lodged by Abdul Mazid, one of the person in whose house mob put fire, for the same occurrence, which was registered as Taratand P.S.case No.13 of 2010 corresponding to Sessions Trial No.68 of 2012. It further appears that after completing the investigation in both cases, police submitted charge -sheet. It then appears that learned Chief Judicial Magistrate, Giridih after perusing the charge -sheet of Taratand P.S.case no.12 of 2010 took cognizance on 05.09.2011 under section 147/148/149/353/188/307/341/323/333/380/436/452 of the Indian Penal Code and 3 G.P.D.Act against the petitioners. On the same day, after perusing the charge -sheet of Taratand P.S.case no.13 of 2010, learned Chief Judicial Magistrate took cognizance under sections 147/148/149/341/323/324/307/435/436/452/380/504 of the Indian Penal Code. Thereafter, both cases committed to the court of Sessions. Accordingly, two sessions case i.e. Sessions Trial No. 26 of 2012 and Sessions Trial No.68 of 2012 instituted against the petitioners and now pending for trial in the court of learned Addl. Sessions Judge -III, Giridih.;