R.R.Prasad,J. - (1.) This application has been filed for quashing of the order dated 9.2.2009 passed by Sub-divisional Judicial Magistrate-cum-Special Judicial Magistrate, C.B.I, Dhanbad in R.C No.1(S)/07/CBI/SCB/LKN whereby and whereunder cognizance of the offences punishable under Sections 120(B)/323/304/343 of the Indian Penal Code has been taken against the petitioner.
(2.) It does appear that opposite party no.2 filed a complaint alleging therein that his son Manraj Tirkey, who had been apprehended in connection with a case was subjected to third degree torture in course of investigation at the police station, as a result of which, he sustained injuries which eventually proved to be fatal. The matter was taken up for investigation by the C.I.D. However, under order passed by this Court in a Public Interest Litigation, C.B.I was directed to take over the investigation. Accordingly, C.B.I registered the case as R.C No.1(S)/07/CBI/SCB/LKN.
(3.) In course of investigation, C.B.I did not find any culpability on the part of this petitioner and hence, submitted final form exonerating the petitioner from accusation whereas charge sheet was submitted against other accused persons.;