- (1.) This writ application has been filed for quashing of First Information Report dated 06.06.2009 of SC/ST P.S.Case no. 30/09 corresponding to G.R.2277/09 under sections 341, 323,354,448/34 of the Indian Penal Code and Sections 3(1)(X) of the Scheduled Caste and the Scheduled Tribe ( Prevention of Atrocities ) Act. Petitioners have further prayed for quashing the entire criminal proceeding initiated on the basis of aforesaid F.I.R.. Petitioner then prayed for quashing the order dated 23.01.2010 passed by the Chief Judicial Magistrate, Ranchi, whereby and where under he issued non-bailable warrant of arrest against the petitioners. It appears that the petitioners filed an Interlocutory Application, being I.A. No. 4362/2014, and prayed that the writ application be amended by adding the prayer for issuance of appropriate writ/order/ direction/ or writ in the nature of certiorari for quashing the order taking cognizance dated 17.06.2014 ( Annexure-19) passed by learned Judicial Magistrate First Class, Ranchi in aforesaid case.
(2.) Before dealing with the rival contention of the parties, I find it appropriate to state the facts of the case in brief :- Respondent no.4 had filed a First Information Report vide SC/ST Ranchi P.S. Case no. 30/09 (corresponding to G.R. No.2277/09) alleging therein that on 03.06.2009 in between 7.30 a.m. to 8.00 a.m. few persons arrived on Marshal Jeep and Car in the campus of Anil Chemicals and started assaulting the Guard. It is further stated that informant came to know about the persons, who were assaulting the guard, they were Yatindra Kumar Das, D.F.O. East Forest Division ( petitioner no.1) and Fatesh Bahadur Singh , Conservator of Forest, Ranchi Circle( petitioner no.2). It is further alleged that aforesaid persons made query about Nagendra and when the informant replied that Nagendra did not reside there, they asked his name. When he disclosed his name as Ranjit Paswan, they become furious and started assaulting him by saying that " Maaro saale ko, ye latkhor jaat hai ". It is further alleged that thereafter petitioner no.1 entered inside the house and abused informant's wife by calling her Harijan. It is also stated that petitioners outraged the modesty of informant's wife . It is stated that after hearing hulla, so many persons arrived and then petitioners left the place and at the time of retreat they abused the informant by taking his caste name. Accordingly the present First Information Report instituted under sections 341, 323,354,448/34 of the Indian Penal Code and Sections 3(1)(X) of the Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities) Act.
(3.) Initially, A.Vijay Laxmi, Addl. Superintendent of Police, Hatia took the investigation of the case. Later on Dy. S.P. Hatia took up the investigation. It appears that Deputy Superintendent of Police filed a requisition in the court of Chief Judicial Magistrate, Ranchi for issuance of warrant of arrest against the petitioners, which was issued by the Chief Judicial Magistrate vide order dated 23.01.2010.It is stated that after issuance of warrant of arrest, the matter was published in the newspaper and then only petitioners came to know that they have been implicated in the present case.;