- (1.) Heard Mr. A.K. Chaturvedi, learned counsel for the petitioner and Mr. A.K. Pandey, learned counsel for the State. No one appears on behalf of O.P. No. 2 in spite of valid service of notice.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding instituted against the petitioner in connection with Gumla P.S Case No. 32 of 2001, corresponding to G.R. No. 85 of 2001, including the order dated 6.8.2001, passed by learned Chief Judicial Magistrate, Gumla, whereby and whereunder cognizance has been taken for the offences punishable under sections 467, 468, 420, 506/34 of the Indian Penal Code and under section 3(1)(5)(8) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act.
(3.) The written report, on the basis of which the FIR was instituted, is to the effect that late husband of the informant was a servant of ex-landlord and by virtue of a Hukumnama, he was given 13 decimals of land of khata no. 4, plot no. 89. It has been stated that the husband of the informant had made some construction over the land in the year 1952 and have given the same on rent. It has been alleged that on 20.12.2000 at night the accused persons had come to her house and they had abused her and had threatened her for the purpose of evicting her. It has further been alleged that the accused persons have prepared forged document and on the basis of the said forged document, they are trying to evict her from her own house. Based on the aforesaid allegations, Gumla P.S. Case No. 32 of 2001 was registered for the offence punishable under sections 467, 468, 420, 506/34 of the Indian Penal Code and under section 3(1)(5) (8) of the Scheduled Castes and Schedules Tribes Prevention of Atrocities Act. On conclusion of the investigation and having found the case to be true, chargesheet was submitted against the accused persons including the petitioner and thereafter vide order dated 6.8.2001, the learned Chief Judicial Magistrate, Gumla was pleased to take cognizance for the offence punishable under Sections 467, 468, 420, 506/34 of the Indian Penal Code and Sections 3(1)(5)(8) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act.;