Rongon Mukhopadhyay,J. - (1.) Heard Mr. Mahesh Kumar Sinha, learned counsel for the petitioners and Mr. Mahesh 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 PCR Case No.2/2010 (T.R. No. 1463 of 2011) including the order dated 01.02.2011, passed by learned Judicial Magistrate, Madhupur at Deoghar, whereby and where under cognizance has been taken for the offences punishable under sections 323, 341 and 379 of the Indian Penal Code.
(3.) It appears that a complaint petition was instituted by the complainant-opposite party no.2 on 20.12.2009, in which it was alleged that the complainant-opposite party no.2 along with his three sons were proceeding on his vehicle from his village-Udnabad to Madhupur to give Rs. 40,000/- to his Samdhi and as soon as they reached near Jagdishpur, the accused persons over took them and restrained the complainant along with his sons and assaulted them by fists and slaps. It has further been alleged that accused persons snatched a golden necklace as also a hand bag, in which Rs. 40,000/- was kept and they compelled the complainant to sit in their car and took him away in order to commit murder but fortunately the complainant managed to escape. It has also been alleged in the complaint petition that the case has been filed by the complainant against one of the accused Anup Sinha along with his associates 27 years back.;