JUDGMENT :

1. Heard Mr. K.S. Nanda, the learned counsel appearing on behalf of the petitioners and Mr. Jitendra Pandey, the learned counsel appearing on behalf of the respondent State.

2. On repeated call, nobody has responded on behalf of the O.P.No.2. Identical was the situation on 06.05.2022 and 15.09.2022. In that view of the matter, the case has been heard on merits.

3. This petition has been filed for quashing of the order taking congnizance dated 11.05.2009 passed by Judicial Magistrate, at Dhanbad in C.P.Case No.726 of 2002 as well as the entire criminal proceeding, pending in the court of learned Judicial Magistrate, at Dhanbad.

4. The complaint case was filed alleging therein that the O.P.No.2 is an employee of M/s Bharat Coking Coal Limited and staying at Khan Mansion, Koiribandh along with his other family members. It is further alleged that on 23.5.2003 the O.P.No.2 and his family members were in their house, the accused no.1 namely Rama Kant Prasad, the then Inspector of Police, Jharia came to his house along with other accused persons including the petitioner no.2 and 3 and started abusing them and also assaulting them with sticks and threatened with dire consequences. It is further alleged that the accused persons asked the O.P.No.2 to withdraw the C.P.Case No.559 of 1994 and on refusal to do the same, the accused no.1 of the complaint petition ordered the other accused persons to break and demolish and damage the house of O.P.No.2 and accordingly all the accused persons looted the household articles and broke the iron gate with gas cutter. It is further alleged that all the accused persons broke the locker of the same with gas cutter and looted Rs.65,000/- cash. The witnesses gathered there and saw the occurrence but the accused no.1 of the complaint petition and petitioners threatened everybody not to open their mouth. It is further alleged that the O.P.no.2 requested the accused no.1 of the complaint petition and petitioners that he is all along on bail in connection with Jharia P.S.Case no.48 of 2002 and the property seized by the accused persons belonged to the complainant but the accused persons did not listen to them. It is further alleged that on the same date the accused persons also looted the household articles of the brother of the complainant who stays at Satmarua More, Koiribandh and who is not an accused in Jharia P.S. Case No.48 of 2002. The accused no.1 of the complaint petition and petitioners threatened the O.P.No.2 and others to implicate them in false cases. It is further alleged that on 27.5.2002 the accused no.1 of the complaint petition further threatened the O.P.No.2 on telephone not to give evidence in C.P.Case No.559 of 1994 pending in the court of learned Judicial Magistrate, Dhanbad, hence the present complaint.

5. Mr. Nanda, the learned counsel appearing on behalf of the petitioners submits that the petitioners were posted at Jharia police station and on that date, at the time of occurrence the petitioners on the strength of attachment order issued against the absconding accused persons, brother of the complainant in Jharia P.S.Case No.48 of 2002 went along with other accused persons including the accused no.9, B.D.O, Jharia, at the relevant time to the house of Khan Mansion, for execution of the attachment order against the absconding accused persons. He submits that they were on duty and under the direction of the learned court, they had gone there. He submits that the petitioners are public servant and they are protected under section 197 of the Cr.P.C. He further submits by way of referring Annexure-2 that there are so many cases registered against the family members of the complainant and in retaliation, the complaint case has been filed. He further submits that the co-ordinate Bench of this Court has quashed the proceeding so far two accused persons namely Dr. Subhash Singh and Rama Kant Prasad are concerned in Cr.M.P.No.393 of 2011 and Cr.M.P.No.411 of 2011 by order dated 08