JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Nilesh Kumar, learned counsel appearing for the petitioners in both cases, Mrs. Ruby Pandey, learned A.P.P. for the State and Mr. Onkar Nath Tiwary, learned counsel appearing for the O.P. No. 2 [in Cr. M.P. No. 60 of 2016] as well as Mr. S.K. Shukla, learned A.P.P. for the State and Mr. A.K. Choudhary, learned counsel appearing for the O.P. No. 2 [in Cr. M.P. No. 2607 of 2014].

2. These petitions have been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. It has been submitted that on account of cancellation of power of attorney, granted by the petitioners to one Naresh Kumar Jani, a false case had previously been instituted, being C.P. Case No. 1275 of 2013, wherein the further proceeding was stayed by this Court in Cr. M.P. No. 2607 of 2014. In view of this submission, both the cases have been tagged together by order dated 09.01.2019, passed in Cr. M.P. No. 60 of 2016.

Cr. M.P. No. 60 of 2016

4. This criminal miscellaneous petition has been filed for quashing of the order dated 30.03.2015, passed by the learned Judicial Magistrate, 1st Class, Bokaro as well as the entire criminal proceedings, in connection with C1 C.P. Case No. 569 of 2014, whereby cognizance has been taken against the petitioners, for the offences under Sections 323, 341, 324 and 379 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1st Class, Bokaro.

5. The complaint case was filed alleging therein that complainant is known to one Naresh Kumar Jani. On 21.11.2013 the said Naresh Kumar Jani had lodged a case against the petitioners being Complaint Case No. 1275 of 2013, in which, the complainant is a witness and is presently pending in the court of Shri Manish Ranjan, learned Judicial Magistrate, 1st Class, Bokaro. Further complainant was aware of the contents of the said case filed by Naresh Kumar Jani and had given his evidence in the said case, in which, cognizance of the offence had been taken by the learned court below.

It is further alleged that on 25.08.2014, the petitioners had moved the learned court below for grant of bail in the above mentioned case filed by the Naresh Kumar Jani and the learned court below had been pleased to grant bail in the said case on that day. It is further stated that incidentally complainant had gone to Chas for taking some goods wherein he met Naresh Kumar Jani who took the complainant to Bokaro civil court.

Further that on 25.08.2014 at about 5 P.M. when the complainant was going via circuit house, the accused persons stopped the complainant near the circuit house and accused No. 1 started to abuse the complainant and threatened him. Further the complainant asked the accused persons to refrain however the accused No. 1 started hitting the complainant and accused No. 2 started instigating and asked accused no. 1 to kill the complainant. On instigation from accused No. 2, it alleged that accused No. 1 attached the complainant with knife and complainant suffered injuries as a result thereof.

Further it is stated that as other witnesses gathered, life of the complainant was saved. However, in the meantime accused No. 2 snatched Rs. 18,000/- from the packet of the complainant and threatened him also.

Cr. M.P. No. 2607 of 2014

6. This criminal miscellaneous petition has been filed for quashing of the order dated 27.05.2014, passed by the learned Judicial Magistrate, 1st Class, Bokaro as well as the entire criminal proceedings, in connection with C.P. Case No. 1275 of 2013, whereby cognizance has been taken against the petitioners for the offences under Sections 341, 323 and 504 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1st Class, Bokaro.

7. The complaint case was filed, stating therein that about 30 yea