Rongon Mukhopadhyay, J. - (1.) HEARD learned counsel appearing on behalf of the petitioners. None one appears on behalf of the State and the opposite party No. 2.
(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 458 of 2007 including the order dated 17.07.2007 passed by Smt. Garima Mishra, the learned Judicial Magistrate, Dhanbad, whereby and whereunder, cognizance has been taken for the offence punishable u/s. 341/323/34 of the Indian Penal Code (IPC). A complaint case was filed by the complainant, opposite party No. 2 herein, in which it was alleged that the complainant, who was working as head clerk in the office of R.P.F., Dhanbad, was called by the petitioner No. 1 and was asked as to why a complaint has been made in the office of D.I.G., Hazipur against him. Denial of the said allegation, led to the petitioner No. 1, locking up the complainant in the bathroom with the help of his bodyguard. It is also alleged that after he came out from the bathroom, the accused persons who were armed with Lathi started assaulting the complainant mercilessly. As a result, he received injuries on his person and while he tried to flee away he was caught by the accused No. 2 and 3 and they had snatched his golden chain, wrist watch and Rs. 700/ -. The cause of assault according to the complaint was that the complainant, who had come from Hazipur and joined at Dhanbad, was prevented by the accused No. 1 to join at Dhanbad, as the accused No. 1 wanted some Rao to continue in the said post at Dhanbad.
(3.) AFTER enquiry was conducted u/s. 202 of the Code of Criminal Procedure (Cr.P.C.) by examining the complainant on solemn affirmation as also his witnesses, cognizance was taken by the learned Judicial Magistrate, Dhanbad u/s. 341/323/34 I.P.C.;