Rongon Mukhopadhyay, J. - (1.) In this application the petitioners have prayed for quashing the order dated 23.12.2013 passed by the learned Sub-divisional Judicial Magistrate, Rajmahal whereby and where under cognizance has been taken for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 337, 379 of the Indian Penal Code in connection with Barharwa (Kotalpokhar) P.S Case No. 37 of 2011. A further challenge has been made to the order dated 22.04.2014 passed by the learned Principal Sessions Judge, Sahibganj in Criminal Revision No. 20 of 2014 by which the order of the learned Sub-divisional Judicial Magistrate, Rajmahal dated 23.12.2013 has been affirmed.
(2.) A First Information Report was instituted in which it was alleged that on 14.04.2011 when the informant was filling earth in a pit in the land of the legislator, Akil Akhtar the named accused persons had come variously armed and assaulted the informant as well as Ashlam Sk. It is alleged that Rs. 500/- was also removed from his pocket.
(3.) Based on the aforesaid allegation Barharwa (Kotalpokhar) P.S Case No. 37 of 2011 was instituted and after investigation charge-sheet was submitted by the police against one Najrul Sk while keeping the investigation against the petitioners pending and pursuant to the submission of the charge-sheet the learned Additional Chief Judicial Magistrate, Rajmahal took cognizance on 05.07.2011 and transferred the case to the court of learned Sub-divisional Judicial Magistrate, Rajmahal. Subsequently final form was submitted by the police exonerating the petitioners from all the charges but however disagreeing with the final form vide order dated 23.12.2013 learned Sub-divisional Judicial Magistrate, Rajmahal once again took cognizance for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 331, 379 of the Indian Penal Code. The petitioners preferred a revision being Criminal Revision No. 20 of 2013 which was also dismissed by the learned Principal Sessions Judge, Sahibganj vide order dated 22.04.2014.;