Dhrub Narayan Upadhyay, J. - (1.) THIS Cr.M.P. has been filed for quashing the order dated 09.05.2006 passed by learned Chief Judicial Magistrate, Hazaribag in connection with G.R. No. 2919 of 2002 arising out of Hazaribag Sadar P.S. Case No. 499 of 2002 whereby cognizance for the offences punishable under Section 147, 148, 149, 341, 323 & 379 of the Indian Penal Code has been taken against the petitioners on the basis of protest petition filed by opposite party No. 2 and further to quash the entire criminal prosecution arising out of said G.R. Case No. 2919 of 2002, T.R. No. 1358 of 2006, then pending in the Court of Sri Manoj Chandra Jha, learned Judicial Magistrate, 1st Class, Hazaribag.
(2.) DURING pendency of present Cr.M.P., I.A. No. 530 of 2014 has been filed on 23.01.2014 with a prayer to allow the petitioners to carry out amendment in the original application. It is contended in the interlocutory application that due to non -appearance of the petitioners in the Court below, they had been declared absconder and proceeding u/s. 299 Cr.P.C. was initiated vide order dated 7th May, 2013 and permanent warrant of arrest had been directed to be issued. Since processes had been issued and the petitioners had been declared absconder and after compliance of provisions contained under Section 299 Cr.P.C. the record has been deposited in the record room, the order dated 7th May, 2013 passed in aforesaid G.R. Case No. 2919 of 2002 may also need to be quashed. Prosecution case, in brief, is that the informant was appointed as registered Power of attorney on behalf of Bokaro and Ramgarh Limited, a Public Limited Company, to look after and dispose of of holding No. 100/2015, plot No. 499 Pargana Champa, P.S. & District - Hazaribag on behalf of principal owner. It is disclosed that the complainant could learn that receiver has been appointed by learned Sub -Divisional Magistrate, Hazaribag against the said plot in case No. 07 of 1998 under Section 146(1) Cr.P.C. Against appointment of receiver opposite party No. 2 (complainant) preferred Cr. Misc. Petition No. 5106 of 2001(R) before this Hon'ble Court in which Ram Singhasan Singh, accused No. 7 was made a party and after granting hearing to the parties, Hon'ble Court has been pleased to direct the parties to maintain status quo by order dated 14.03.2002. It is alleged that accused Nos. 3 and 7 hiring anti -social elements namely accused Nos. 1, 2, 4, 5 & 6 forcibly constructed boundary on the aforesaid land. When the complainant demanded documents against aforesaid illegal act committed by the accused persons, they became furious and for that information was lodged with the Superintendent of Police, Hazaribag. On 01.08.2002 at about 11.30 a.m. when the informant along with his associate was going to the office of the Superintendent of Police, Hazaribag, the accused persons restrained them near the aforesaid plot and opened fire to do away their life. The bullet fired damaged the wind screen of the vehicle. It is alleged that all the accused persons surrounded the complainant and his associate and caused assault to them and also snatched away money from their possession after which instant complaint No. 687 of 2002 was filed and the same was sent to the police station concerned under Section 156(3) Cr.P.C. and after that Hazaribag Sadar P.S. Case No. 499 of 2002 under Sections 147, 148, 149, 341, 379, 307, 323, 325 & 120 -B of the Indian Penal Code and Section 27 of the Arms Act was registered.
(3.) THE police, after due investigation, submitted Final Form stating the occurrence untrue but a protest petition was filed. After perusing the materials collected in the case diary learned C.J.M. Passed a detailed order on 09.05.2006 and took cognizance against the petitioners under Sections 147, 148, 149, 341, 323 & 379 of the Indian Penal Code.;