The Magistrate is not bound to accept the police report and can independently decide to take cognizance. Reasoned decisions are essential in such cases.

JUDGMENT :

1. Heard Mr. P.P.N. Roy, learned senior counsel assisted by Mr. P.A.N. Roy, learned counsel for the petitioners, Mrs. Nehala Sharmin, learned counsel for the State and Mr. Kaushik Sarkhel, learned counsel for opposite party no.2.

2. At the outset, Mr. P.P.N. Roy, learned senior counsel for the petitioners submits that so far as petitioner no.3 is concerned, he was juvenile and the case was bifurcated and the case of petitioner no.3 was adjudicated by the Juvenile Justice Board, Ranchi thereby petitioner no.3 has been acquitted. Learned senior counsel for the petitioners submits that he is not pressing this petition so far as petitioner no.3 is concerned and he has confined his prayer for petitioner nos. 1 and 2 only.

3. This petition has been filed for quashing the entire criminal proceeding including the order dated 14.07.2015 passed in Protest cum Complaint Case No.2593/2014 whereby the learned court has taken cognizance under Sections 323, 341, 506, 448/34 of the Indian Penal Code, pending in the court of the learned Judicial Magistrate, Ranchi.

4. The Protest cum Complaint Case No.2593 of 2014 was instituted by the opposite party no.2. The opposite party no.2 has stated in the complaint petition that when he had filed complaint case before the learned court registered as C-862/2014, the said case was referred under Section 156(3) Cr.P.C. to the police for institution and investigation. After receipt of the complaint petition, the concerned police registered the case being Kanke P.S. Case No.77/2014 and it was alleged that without proper investigation the final form was submitted and hence, the protest final report was filed in the learned court. It was alleged in the Protest cum Complaint petition that the informant/complainant is owner with respect of Plot no.468/1 and 468/2 situated at Village Chandwe under Kanke Police Station, Kanke. It was further alleged that the accused persons also got land adjacent to the land of the complainant/informant having common passage of 5' to egress and out gress connecting the main road. It was further alleged in the Protest cum Complaint Petition that the accused persons compelled the complainant/informant to give 10' of land out of lands of complainant without consideration in writing. It was further alleged that the complainant left 5' his own land as set back to get the map sanctioned from Ranchi Municipal Corporation. It was also alleged that on refusal by the complainant the accused persons started creating trouble in his construction work, carried by witness no.2 in the complainant petition. It was further alleged that on 15.03.2014 the accused persons confined the complainant and asked to leave 10' of the land out of his plot forever, on refusal by the complainant, the accused persons abused in filthy language and put the complainant in fear of severe injury and asked to sign on the stamp paper transferring 10' land in their name forever. The accused no.1 submitted a plan for sanction before the Ranchi Municipal Corporation showing the lands of complainant as his own though the accused purchased land with 5' of passage, but by interpolating in the map and making forgery shown 10' in the map attached with his sale deed. It was further alleged that the accused persons by forging their deed made interpolation showing 10' in the map. It was also alleged that the accused persons with the help and assistance of land mafia demanded ransom or 10' of land failing which the entire construction would be demolished. The accused no.1 got initiated a proceeding under Section 144 of the Cr.P.C, the police submitted in his report that the accused have no concern with the land and recommended to drop the proceeding. The informant/complainant has further alleged in the Protest cum Complaint Petition that the complainant also filed informatory petition before the learned Chief Judicial Magistrate, Ranchi registered as Informatory Petition No.684/2013. It was also alleged that the Police nei