- (1.) THE petitioner, Mohammad Zahir Ansari has preferred this quashing petition under Section 482 of the Code of Criminal Procedure against the impugned order dated 26.5.2006 passed by the Additional Sessions Judge, (F.T.C. II) Bokaro in Cr. Revision No. 39 of 2006 whereby and where under the order passed by the Additional Chief Judicial Magistrate, Bermo at Tenughat in C.P. Case No. 318 of 2006 on 22.2.2006 was set aside by the Additional Sessions Judge with the direction to the Additional Chief Judicial Magistrate to pass an order afresh in accordance with law.
(2.) THE brief fact of the case is that the petitioner, Mohammad Zahir Ansari had filed a complaint case No. 215 of 2004 against the accused Hadish Ansari and six other for the offence under Section 376/ 302/202/34 of the Indian Penal Code in the Court of A.C.J.M., Bermo at Tenughat which was sent to Petarwar police station under Section 156(iii) of the Cr PC for institution of FIR and to submit report after investigation. On such direction Petarwar P.S case No. 140 of 2004 was instituted under the aforesaid section of IPC against the accused persons but the police after investigation submitted final form with the endorsement "false and clueless". The petitioner then filed a protest petition which was treated as Complaint Case No. 318 of 2005 and the witnesses were examined in course of enquiry. In the meantime a petition for withdrawal of the complaint case was filed by the petitioner on 21.2.2006 and by order of the A.C.J.M., Bermo at Tenughat dated 22.2.2006 the complaint case was permitted to be withdrawn and the same was dismissed. Against the said order the opposite -party No. 2 Satya Narayan Dey, Advocate of the petitioner preferred a Cr. Revision No. 39 of 2006 and the learned Additional Sessions Judge F.T.C. II, Bokaro by a detailed order dated 26th May, 2006 set aside the order dated 22.2.2006 passed by the A.C.J.M. with the direction to the Court Below to pass order afresh.
(3.) THE factual matrix of the case was mat the petitioner Md. Jahir Ansari of village Sadmakala, P.S. Peterwar had two daughters Anjum (since deceased) aged about 15 years and Taranum Bano aged about 12 years. It was stated in the complaint case that on 6.6.2004 Jahir Ansari and his wife went to Khetko but could not return in night. However, in the morning next he received telephonic message that his elder daughter Anjum was admitted in Leela Janki Hospital, Petarwar in precarious tondition. He immediately rushed to the hospital with his wife and found his daughter unconscious lying on a bed and surrounded by many villagers. He was appraised that in the last night Idrish Ansari after entering his house committed rape on Anjum and on alarm Idrish along with other accused administered poison to Anjum. On arrival of the witnesses Anjum narrated that she was ravished by the accused Idrish and thereafter other accused administered some liquid. The Doctor attending the vic -tim Anjum took in possession of the phyle of poison. However, Anjum succumbed at about 2 p.m. On the same day an Assistant Sub -Inspector of Police of Peterwar police station came to the hospital and obtained he signature of the informant/petitioner n a plain paper. Later on dead body of Anjum was buried and thereafter, a meeting was held in the village in which Jubed Ansari, his sons and family members were held guilty for committing murder of Anjum and fine of Rs. 20,000/ - was imposed upon them. An agreement was prepared in this regard which was signed by Jubed Ansari, Jahir Ansari and eight other panches.;