Rongon Mukhopadhyay,J. - (1.) Heard Mr. P.S. Dayal, learned counsel for the petitioners and Mr. Ashok Kumar Sinha, learned counsel for O.P. No. 2.
(2.) In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 1010 of 2002 including the order dated 10.04.2003, passed by learned Judicial Magistrate, Dhanbad, whereby and whereunder he has been pleased to take cognizance for the offence punishable under sections 148, 149, 323, 427, 379, 448, 452, 506 and 34 of the Indian Penal Code.
(3.) It appears that a complaint case was lodged by the complainant-opposite party no. 2 wherein it has been stated that the complainant is working as a peon in D.R. High School, Jitpur, Gomoh and within mouza Jitpur, he and his other co-sharers have several acres of land and house etc. left by their common ancestor. It has been stated therein that one of the piece of land measuring an area of about 80 decimals is surrounded with brick built boundary wall on the part of plot nos. 1174, 1175 and 1176 under khata no. 106. It has been alleged in the complaint petition that on 10.07.2002, all the accused persons along with some other unknown persons with common intention suddenly came and gathered near the said joint family garden and house and began to abuse the complainant. On protest, he was assaulted by the accused persons with fists and slaps and three accused persons with guns in their hands pointed the guns towards the complainant. It has also been alleged that four sons of Laxmi Narayan caught and overpowered the complainant and picked up Rs. 300/- from his pocket and Sunil Kumar snatched away the old wrist watch of the complainant. It has been alleged that at the call and direction of accused Dinesh Prasad, the accused at serial nos. 9 to 13 of the complaint petition caught the aunt of the complainant and they not only assaulted but also snatched away her ear rings and chain worth about Rs. 14000-15000/-. It has been stated that when the matter was reported to the local police, the police did not register any case and when uncle of the complainant-Baneshwar Mahto was arrested on false complaint lodged by one of the accused persons, the present case has been instituted.;