Yogendra Saw vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

Heard Mr. Mishra, the learned counsel for the petitioner as well as Mr. Deepankar Ray, the learned State counsel.

This petition has been filed for quashing of the FIR giving rise to the Barkagaon P.S.Case No.39 of 2019 dated 25.02.2019 under section 147, 148, 341, 323, 504, 506, 385, 34 of I.P.C read with section 3 and 4 of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of learned Special Jude, SC/ST Act, Hazaribagh.

The FIR was registered alleging therein that informant on 27.2.2019 went to panchayati bhawan from his village Urej and while returning from there at 15.30 hrs three unknown persons, one whose face was covered by helmet and other two whose faces were covered by gamcha asked the informant to stop his vehicle and when he stopped then those unknown persons took out pistol from their waist and started saying that you resign from AJSU party and come with Mantriji and also said that it is better for harijan of Barkagaon to come with Teli. Because of this incident, he and his family members are frightened. Thereafter they called ex-minister Yogendra Saw over phone and speaker of the phone was on and the informant heard that those unknown persons were told that if the informant understands then its alright otherwise kill him and there after informant out of fear agreed to them and said that he will support them in the election. The informant came to that previously also member of Extremist group namely Tiger group were sent who were caught by the police in Ambatola bazar which is registered as P.S. Case No.89 of 14 and on aforesaid background, FIR was registered against the petitioner.

Learned counsel for the petitioner submits that the case has been malafidely lodged against the petitioner. He submits that district administration has wrongly implicated the petitioner in the case. He submits that the case of the petitioner is fully covered in light of the judgment by the Hon’ble Supreme Court in the case of ‘State of Haryana v. Bhajan Lal’, 1992 Supp (1) SCC 335. On these ground, he submits that the FIR may kindly be quashed.

On the other hand, Mr. Deepankar Ray, the learned State counsel submits that there is serious allegation against the petitioner. Only the FIR is under challenge in this petition. He submits that if malafide is proved, then only the case of ‘State of Haryana v. Bhajan Lal’ (supra) relied by the petitioner will be applied. In the case in hand, the allegations are there and this petition is not fit to be entertained.

The Court has perused the contents of the F.I.R and finds that there is allegation that the party-men of this petitioner threatened the informant. It has been alleged that informant while returning from village Urej and while returning from there at 15.30 hrs three unknown persons, one whose face was covered by helmet and other two whose faces were covered by gamcha asked the informant to stop his vehicle and when he stopped then those unknown persons took out pistol from their waist and started saying that you resign from AJSU party and come with Mantriji and also said that it is better for harijan of Barkagaon to come with Teli. Thus, they called ex-minister Yogendra Saw over phone and speaker of the phone was on and the informant heard that those unknown persons were told that if the informant understands then its alright otherwise kill him. There are parameters of quashing of the FIR. Such allegations are there and the investigation is going on. As per the counter affidavit filed wherein it is disclosed that there is criminal antecedent of the petitioner.

In view of the above, W.P.(Cr.) No.90 of 2019 is dismissed.

Pending petition, if any, also stands dismissed accordingly.