- (1.) HEARD .
(2.) THE petitioner, Sarvajeet Narayan Jha, herein has preferred this petition under section 482 of the Code of Criminal Procedure for quashing the Complaint petition in C.P Case No. 1186 of 2001 pending in the court of Shri KK Shukla, Sub -Divisional Judicial Magistrate, Dhanbad as well as the order impugned dated 11.10.2001 whereby and whereunder the Chief Judicial Magistrate, Dhanbad has taken cognizance of the offence against the petitioner under Section 323 of the Indian Penal Code. The prosecution is in a narrow compass. The complainant/opposite party no. 2, Lachi Devi, filed a complaint case no. 1186 of 2001 in the Court of the Chief Judicial Magistrate, Dhanbad alleging, inter alia, that in the wee hours of 9.10.2001 at about 4 a.m. while she was sleeping in her house with the members of her family and her son, they woke up on the sound of heavy knock at her doors. On hearing the knock when her son namely Sanjay Sao opened the door of the house, it is alleged that the petitioner and other two accused caught Sanjay Sao branding him that he was involved in dealing with illicit liquor. Sanjay Sao was beaten when he tried to explain to the petitioner and other accused persons that he used to earn his livelihood by shop keeping and was having a valid license in that regard. The petitioner and others also assaulted Complainant/opposite party no. 2 when she tried to rescue her son and as a result of which her lip was cut and bled. The petitioner and other accused persons abused her in filthy language and apprehended her son, San jay Sao, on the pretext that though he had managed to conceal the illicit liquor somewhere, nevertheless he would be sent to prison. Disclosing the genesis the complainant/opposite party no. 2 alleged that her husband had made an application to the Deputy Commissioner, Dhanbad, earlier on 6.6.2001 with regard to atrocities which were earlier committed by the petitioner and co -accused. After enquiry under section 202 of the Code of Criminal Procedure, the cognizance of the offence was taken under section 323 of the Indian Penal Code and summons were directed to be issued against the petitioner and co -accused. The impugned order dated 28.3.2003 records that facts with regard to recovery of 45 litres of country liquor from the complainant's house on the alleged date of the occurrence on 9.10.2001 was suppressed in the complaint petition.
(3.) LEARNED counsel appearing for the petitioner Mr. Rajan Raj submitt J that C.E. Case No. 266 of 2001 was lodged in the Court of the Chief Judicial Magistrate, Dhanbad against the complainant's son Sanjay Sao, in respect of raid conducted by the petitioner on 9.10.2001 and recovery of 45 litres of country liquor thereto and, only with a view to harass the petitioner and to defend himself, in C.E. Case No. 266 of 2001 the complainant/opposite party no. 2 being the mother of Sanjay Sao brought about the present complaint after delay of two days i.e. on 11.10.2001. Injury report (Annexure -4) clearly shows that she sustained minor bruise, may be due to fall on her own fault or in course of illegally resisting the search conducted by the petitioner and others on the date of occurrence.;