HARI SHANKAR PRASAD, J. - (1.) BOTH cases [W.P. (Cr) No. 200 of 2003 and Cr. M.P. No. 4510 of 2001] arise out of the same matter and are being disposed of by the common order.
(2.) CR . M.P. No. 4510 of 2001 has been filed under Sec. 482 of the Code of Criminal Procedure, for quashing the entire criminal prosecution including the order dated 24.7.2000 passed in Complaint Case No. 116 of 1999 whereby and whereunder the learned Judicial Magistrate, 1st Class, Hazaribagh has taken cognizance under Sections 323/504 of the Indian Penal Code against the petitioner, Facts leading to filing of the application are that O.P. No. 2 lodged and FIR with Ichak P.S. being Ichak P.S. case No. 35 of 1999 which was registered on 18.3.1999 under Sections 323, 324, 307, 500 and 504 of the Indian Penal Code. The police after investigation submitted final form false No. 102/99 dated 30.6.1999 and also submitted prosecution report under Secs. 182/211 of the Indian Penal Code on the same date against the informant for his prosecution. The final form was accepted but no order was passed on prosecution report submitted by the I.O. to prosecute the information under Secs. 182/211 of the Indian Penal Code. It is further stated that the learned Chief Judicial Magistrate, Hazaribagh transferred the protest petition, submitted by the informant/complainant, to the Court of Shri Sudhakar Singh, Judicial Magistrate, Hazaribagh under Sec.192 of the Code of Criminal Procedure and the learned Judicial Magistrate treated this protest petition as a complaint and examined complainant on S.A. and examined three witnesses under Sec.202 of the Code of Criminal Procedure and came to a conclusion that a case under Sec.323/ 504 of Indian Penal Code is made out and took cognizance against the petitioner of the offence on 24.7.2000.
(3.) W .P. (Cr) No. 200 of 2003 has arisen on its own motion on the basis of the report submitted by Shri Rajiv Ranjan, Judicial Magistrate, 1st Class, Hazaribagh in connection with complaint case No. 116 of 1999, T.R. No. 1211 of 2003 and facts of this case, as it appears from the report of Mr. Rajiv Ranjan, Judicial Magistrate, 1st Class, Hazaribagh, is that inspite of is suance of summons and warrants several times and even after writing letters on various dates, even upto the Inspector General of Police, the order of the Court was not complied with and the petitioner went on evading the process of the Court and in evading the process of the Court, even senior police officials to whom letters were issued, did not make any effort and at the same time, even did not respond to the letters of the learned Judicial Magistrate, although they were duty bound to do so.;