- (1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure for quashing the entire proceedings of complaint case bearing C -1 case no. 97 of 2002 pending in the court of Sri S. Kumar, Judicial Magistrate, Jamshedpur including the order dated 27.1.2003 whereby and whereunder cognizance of the offences under Sections 380/427/437/505/34 of the Indian Penal Code has been taken against the petitioners and others.
(2.) BEFORE adverting to the submissions advanced on behalf of the parties case of the complainant needs to be taken notice of which is as follows: - The complainant, the Secretary of Bazar Bikash Kalyan Sangh, lodged a complaint in the year 2002 stating therein that a criminal case was lodged against him as well as against the witnesses of this case at the instance of the petitioners and other officials of the South Eastern Railway including police officials and also Executive Magistrate of Jamshedpur which was registered as Baghbera P.S. case no. 106 of 1999 under Sections 337 and 353 of the Indian Penal Code. Upon investigation of the case charge -sheet was submitted against the complainant and the witnesses of this case, but in course of trial, they were acquitted and thereby they were put to huge financial loss and that apart, their reputations were also tarnished. At the same time, it has also been alleged that accused persons damaged several shops situated at Plot No.1, new Khata No. 14, Thana No. 1162, Mouza Sushni Geriya recorded in the name of late Baijnath Mishra on the pretext of removal of the encroachment from the land of the Railway and took away all the valuables on the truck and thereby all the accused persons including the petitioners committed offence under Sections 193/ 211/505/500/436/425/427/380/440/34 of the Indian Penal Code. On filing the complaint, the statement of the complainant was recorded on solemn affirmation and the matter was taken up for enquiry. In course of which, witnesses were examined and thereafter learned court took cognizance of the offences under Sections 380/427/436/505/ 34 of the Indian Penal Code against the petitioners and other persons including the police officials and also Executive Magistrate.
(3.) BEING aggrieved with that order, this application has been filed for quashing the order taking cognizance of the offence and also entire criminal proceedings so far these petitioners are concerned.;