Rongon Mukhopadhyay, J. - (1.) HEARD learned counsel for the parties.
(2.) IN this application the petitioner has prayed for quashing the entire criminal proceeding in connection with Complaint Case No. 160 of 2006 including the order dated 07.11.2006 passed by the learned Chief Judicial Magistrate, Latehar, whereby and whereunder cognizance has been taken for the offence punishable under sections 147, 148, 500, 504, 506, 342, 392 and 395 of the Indian Penal Code. The prosecution case in short is that a complaint case was instituted by the complainant O.P. No. 2 with allegation that on 16.10.2006, all the accused persons who are R.P.F. personnel, the petitioner being one of them and one R.P.F. constable Ramsukh Singh Yadav came on a motorcycle in civil dress and intercepted O.P. No. 2 by asking his name and address. On disclosure of his name the petitioner ordered R.P.F. constable Ramsukh Singh Yadav to arrest O.P. No. 2 which was duly done.
(3.) IT has further been alleged that in the meanwhile one passenger car came there and some persons were clad in uniform and some in civil dress took O.P. No. 2 forcibly to Barwadih Rail Thana and thereafter the accused persons abused the O.P. No. 2 and looted his Nokia 2600 Mobile Set with SIM No. 9431528525 and a cash amount of Rs. 7,500/ -. On being persuaded by several persons from Manika village the O.P. No. 2 was released but he was threatened that he would be implicated in a false case, if he chose to take any legal action against the accused persons.;