- (1.) THIS writ application is directed against the order dated 2.8.2008 passed by Judicial Magistrate, 1st Class, Hazaribagh in G.R. no.1954 of 2000 (arising out of Katkamsandi P.S. case no.108 of 2000) whereby application filed under section 239 of the Code of Criminal Procedure for discharge was rejected.
(2.) IT appears that first information report was lodged on the allegation that the petitioners and his family members made it known to the public of the locality by declaring that Goddess Chinna Mastika has been so much pleased that she would be showing her hand everyday at the time of ˜Aarti'. Such propaganda was made with an intention to have more gathering so that they may have more money which the people would be offering to the Goddess. Further allegation is that the accused persons used to display for a fraction of second an artificial hand made up of plastic and claimed to be the real Lord of the Goddess. Thus, by adopting such means, they cheated the public at large.
(3.) ON such allegation, Katkamsandi P. S. case no.108 of 2000 was instituted under sections 298, 420 and 120B of the Indian Penal Code. The police on completion investigating find the allegation to be true and hence, submitted charge sheet, upon which cognizance of the offence was taken. In due course, application for discharge under section 239 of the Code of Criminal Procedure was filed which was rejected.;