Bhagiya Masomat @ Bhagirathi Devi vs The State of Jharkhand

Dr. S.N. Pathak, J.—The petitioners have preferred this quashing application invoking inherent power of this Court under Section 482 of the Code of Criminal Procedure, for quashing the entire criminal proceeding and order taking cognizance dated 20.11.2015 and also summon issued dated 01.02.2016, passed by the Judicial Magistrate, 1st Class, Hazaribagh in Barkatha P.S. Case No. 76 of 2015, corresponding to G.R. Case No. 3011 of 2015 (subsequently T.R. No. 2692 of 2015), whereby the petitioners have been directed for attendance under Section 147, 148, 341, 323, 307, 504 of Indian Penal Code.

The brief history of the case in short is that one Lakshman Prasad has given his fardbeyan/written statement before the Officer-in-Charge of Barkatha Police Station, stating therein that on 12.07.2015 his wife, Munni Devi, was working in the maize field and the son of Loknath Prasad was going to ease himself, which was objected by the informant''s wife, upon which Loknath Prasad, his wife and other family members started abusing them. On this pretext, quarrel started among both the families and the family of the Phulwa Devi started throwing stones and there was also injury of lathi, kulhari and it was also alleged that the informant was threatened of the dire consequences.

Mr. Vijay Kumar Roy, learned counsel appearing for the petitioner, assailing the order of cognizance in continuation of criminal proceeding on the basis of the F.I.R., submitted that the petitioners are innocent and have been falsely implicated and subsequently, they have surrendered before the learned Judicial Magistrate, 1st Class, Hazaribagh and were granted bail. It was also submitted that subsequently charge-sheet was submitted by the Investigating Officer against all the petitioners under Sections 147, 341, 323, 307, 504 of the Indian Penal Code. Learned counsel further submits that order taking cognizance is bad in law as they are already on bail. It was also stated that the instant case is a counter-blast of the F.I.R. lodged by the petitioner. However, all these facts were not taken into consideration by the Investigating Officer and only with a view to harass the present petitioners, charge-sheet under Section 307 of the Indian Penal Code along with other allied Sections of IPC has been submitted and cognizance of the offence under Section 307 of the Indian Penal Code along with other allied Sections of IPC has been taken which is bad in law and as such, has prayed for quashing of the entire criminal proceeding and order taking cognizance.

On the other hand, learned Additional Public Prosecutor supported the order taking cognizance and vehemently opposed the prayer of the petitioners for quashing the entire criminal proceeding submitted that there is ample evidence to show the complicity of the petitioners and merely on the ground that the petitioners were on bail, the entire criminal proceeding cannot be quashed.

Having heard learned counsel for the parties, this Court is of the considered view that a prima facie case is made out against the petitioners and ample evidences are there for taking cognizance and as such, the impugned order taking cognizance does not warrant any interference and as a cumulative effect, the Criminal Miscellaneous Petition being devoid of any merit, is hereby dismissed.

However, it will be open for the petitioners to raise all the points at an appropriate stage in proceeding or in the trial.