JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. P.S. Dayal assisted by Mr. Sanjay Kumar, learned counsel for the petitioner, Mrs. Niki Sinha, learned counsel for the State and Mr. Pradeep Kumar Deomani, learned counsel for opposite party no. 2.

2. This petition has been filed for quashing the entire criminal proceeding of Garu P.S. Case No. 09/2016 (G.R. No. 396/2016) including the order taking cognizance dated 04.01.2017 by which cognizance under Sections 341, 342, 323, 504 of the Indian Penal Code has been taken against the petitioner, pending in the court of the learned Judicial Magistrate, 1st Class, Latehar.

3. The opposite party no. 2 filed the FIR alleging therein that on 18.04.2014 the informant went in Sarju C 214 Battalion. On 19.04.2016, he reached Chauparnala at morning. Check Roll Cell was made on 20.04.2016 at morning time. Company attendant said him that O.C. Vikash Kumar (petitioner) called him. The informant went there and found that O.C. was crying on one constable and O.C. took liquor. The informant said, he came, then O.C. become angry and abused him and gave some direction. On 21.04.2016, O.C. took liquor and at evening stand two was done and thereafter arms were