##PAGE1##

(2025:JHHC:38663)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.1690 of 2025

------

1. Rama Shankar Tiwary, Aged about 42 years, S/O- Hiralal Tiwary

2. Prem Tiwary @ Prem Kumar Tiwary @ Prem Kr Tiwary,

Aged about 33 years, S/O- Hiralal Tiwary,

3. Lalan Kumar Tiwary @ Golden Tiwari @ Lalan Kr Tiwary @

Golden Tiwary, Aged about 33 years, S/O- Chaturbhuj Tiwary,

All are R/O- Kharkharee Basti, P.O.- Kharkharee, P.S.-

Madhuban, District- Dhanbad … Petitioners

Versus

1. The State of Jharkhand

2. Vijay Paswan, S/o- Ram Charitra Paswan, R/o- Kharkhari,

Narayan Dhora, P.O. + P.S. – Madhuban, District - Dhanbad

… Opposite Parties

------

For the Petitioners : Mr. Pratiush Lala, Advocate

For the State : Ms. Priya Shrestha, Spl. P.P. (Through V.C.)

For the O.P. No.2 : Mr. Prem Pujari Roy, Advocate

Ms. Shyna Hasan, Advocate

------

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the

jurisdiction of this Court under Section 528 of the Bhartiya Nagarik

Suraksha Sanhita, 2023 with the prayer to quash the F.I.R. of Madhuban

P.S. Case No. 68 of 2022 registered for the offences punishable under

Sections 147, 148, 149, 427, 436, 504 and 506 of the Indian Penal Code,

Section 27 of the Arms Act, Section 3/4 of the Explosive Substance Act

and Section 3 (1) (r) and 3 (1) (s) of the SC/ST (POA) Act, on the ground

1

Cr. M.P. No.1690 of 2025

(2025:JHHC:38663)

that the same is the second F.I.R. in respect of which Madhuban P.S.

Case No.66 of 2022 has been registered.

3. At the outset, learned counsel for the petitioners submits that the

petitioners do not press the instant Criminal Miscellaneous Petition in

respect of the petitioner No.1 namely Rama Shankar Tiwary.

4. Accordingly, this Criminal Miscellaneous Petition is rejected as

not pressed in respect of the petitioner No.1 namely Rama Shankar

Tiwary.

5. The brief fact of the case is that the petitioners along with the co-

accused persons being member of an unlawful assembly, armed with

deadly weapons caused explosion by using explosive substances

illegally, set fire to the shop of the informant and being not members of

Scheduled Castes and Scheduled Tribes intentionally insulted and

intimidated the informant and his associates who are the members of

the Scheduled Caste, in a place within public view and abused them by

their caste name. The occurrence took place at 11:00 A.M. on 07.11.2022

in respect of which Madhuban P.S. Case No. 66 of 2022 was instituted

on the basis of the written report submitted by the informant-owner of

the shop namely Dilu Paswan. Madhuban P.S. Case No. 68 of 2022 was

instituted on the basis of the written report submitted by the informant

of the said case who is the maternal uncle of the informant of

Madhuban P.S. Case No. 66 of 2022 and therein the allegations made by

the informant is that as the informant reached the place of occurrence

on getting information that the shop of his nephew has been set on fire,

the petitioners and the co-accused persons of the case abused him,

2

Cr. M.P. No.1690 of 2025

(2025:JHHC:38663)

insulted him and fired upon him from gun and revolver and also

abused him by his caste name.

6. Learned counsel for the petitioners relies upon the judgment of

the Hon’ble Supreme Court of India in the case of T.T. Antony vs. State

of Kerala & Others reported in (2001) 6 SCC 181 paragraph-27 of which

reads as under:-

“27. A just balance between the fundamental rights of the citizens

under Articles 19 and 21 of the Constitution and the expansive

power of the police to investigate a cognizable offence has to be

struck by the court. There cannot be any controversy that sub-

section (8) of Section 173 CrPC empowers the police to make

further investigation, obtain further evidence (both oral and

documentary) and forward a further report or reports to the

Magistrate. In Narang case [(1979) 2 SCC 322 : 1979 SCC (Cri)

479] it was, however, observed that it would be appropriate to

conduct further investigat