Cr. M.P. No. 1214 of 2007. Case: Rohit Sawa Vs The State of Jharkhand and Ors.. Jharkhand High Court
| Case Number | Cr. M.P. No. 1214 of 2007 |
| Counsel | For Appellant: Shankar Lal Agarwal, Advocate and For Respondents: V.P. Singh, Sr. Advocate and V.S. Sahay, A.P.P. |
| Judges | Rongon Mukhopadhyay, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 156(3), 197, 202; Indian Penal Code 1860, (IPC) - Sections 182, 211, 323, 504, 506 |
| Judgement Date | February 06, 2015 |
| Court | Jharkhand High Court |
Judgment:
Rongon Mukhopadhyay, J.
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Heard Mr. Shankar Lal Agarwal, learned counsel appearing for the petitioner and Mr. V.P. Singh, learned senior counsel appearing for the opposite party Nos. 2, 3 and 4 and Mr. V.S. Sahay, learned counsel appearing on behalf of the State.
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In this application, the petitioner has prayed for quashing the order dated 09.07.2007 passed by the learned Sessions Judge, East Singhbhum at Jamshedpur in Cr. Rev. No. 45 of 2007 whereby and whereunder, the order dated 22.12.2006 passed by the learned Judicial Magistrate, Jamshedpur in C/1 Case No. 1138 of 2006 issuing processes against the accused persons for the offences punishable under Section 323, 504, 506 of the Indian Penal Code has been set aside.
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It appears that a complaint case was instituted by the petitioner wherein, it was alleged that the complainant and his family members were getting the broken cement of the alley repaired, when the accused persons came there and questioned the complainant as to how the repair work was being carried on without there being any permission. It was alleged that the accused persons used abusive language and the accused No. 1 asked the petitioner to come to his office with the documents. It has further been alleged that when the petitioner went with the documents, the accused persons abused the petitioner and his brother and demanded Rs. 10,000/- from the petitioner for getting the work done.
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After the complaint petition was filed an enquiry was conducted under Section 202 Cr.P.C. by examining the complainant on solemn affirmation and his witnesses and thereafter vide order dated 22.12.2006 cognizance was taken by the learned Judicial Magistrate, Jamshedpur for the offences punishable under section 323, 504 and 506 of the Indian Penal Code. Being aggrieved by the order dated 22.12.2006 by which, cognizance was taken for the offences punishable under Sections 323, 504 and 506 of the Indian Penal Code the accused persons filed a revision application before the learned Sessions Judge, East Singhbhum, Jamshedpur being Cr. Rev. No. 45 of 2007 in which an order was passed on 09.07.2007 allowing the revision application and setting aside the order dated 22.12.2006 passed by the learned Judicial Magistrate. This order is under challenge in this present application.
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The learned counsel for the petitioner has submitted that the learned Judicial Magistrate has rightly taken cognizance vide order dated 22.12.2006 and the...
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