Advocates:
['DEEPAK KUMAR', '', 'SACHIN MAHATO', 'GOURI S PRASAD', '', 'RAJESH KR SINGH', 'ABHAY KR CHATURVEDY', 'SOURAV KUMAR']

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 1410 of 2015

1.

Nageshwar Sahu @ Lepa

2.

Jageshwar Sahu

3.

Ram Sewak Sahu

All sons of Ganesh Sahu @ Faitan Sahu

4.

Bitu Sahu, son of Late Jatru Sahu

5.

Om Prakash Sahu, son of Jitu Sahu, All resident of Village Murma, P.O.

& P.S. Manda, District- Ranchi

… Petitioners

-Versus-

1.

State of Jharkhand

2.

Maqbool Ansari, son of Serfuddin Ansari, resident of Village- Sursa,

P.O. & P.S. Mandar, District- Ranchi

… Opposite Parties

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CORAM:

HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners

: Mr. Deepak Kumar, Advocate

For Opposite Party No.2

: Mr. Rajesh Kumar Singh, Advocate

For the Opposite Party-State

: Mr. Sunil Kumar Dubey, A.P.P.

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06/20.04.2022.

Heard Mr. Deepak Kumar, learned counsel for the petitioners,

Mr. Rajesh Kumar Singh, learned counsel for opposite party no.2 and

Mr. Sunil Kumar Dubey, learned counsel for the State.

2.

This petition has been taken through Video Conferencing in view of

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.

This petition has been filed for quashing of the order taking

cognizance dated 26.02.2015, whereby the learned Judicial Magistrate took

cognizance of the offence under Section 147, 149, 304 of the Indian Penal

Code against the petitioners in Protest-cum-Complaint Case No. 3156 of

2014, pending in the court of the learned Judicial Magistrate, Ranchi.

4.

The prosecution case is based on protest-cum-complaint petition filed

by Maqbool Ansari against the petitioners. The complainant/informant

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earlier lodged the case and subsequently the police has submitted final form

thereafter a protest-cum-complaint case being No.3156 of 2014 was filed

and in the complaint case, it was alleged that on 01/02.11.2013 at about

02:00 a.m., all accused persons/petitioners assaulted Tafajul Ansari @ Kolha

in the house of accused persons by the means of Lathi and other dangerous

weapons on his face and thrown him from the roof of the house, due to

which Tafajul Ansari sustained grievous injuries over the face and his entire

body. He was taken to the referral hospital Mandar for treatment, from

there he was referred to RIMS for better treatment. On the way to RIMS,

Tafajul Ansari told and disclosed before the witnesses and the complainant

of the case about the alleged occurrence. He was admitted in RIMS but at

about 12:00 p.m. on 02.11.2013 he died during treatment. The police

deliberately without proper enquiry and investigation submitted final form in

the case and hence the protest-cum-complaint case was filed by the

complainant. It was further alleged that the said deceased was brutally

assaulted by the accused person and the said injured already stated the

facts to the complainant on the way while he was taken for treatment to

RIMS, Ranchi and as such the accused persons brutally murdered the said

deceased and in collusion and connivance the police has submitted final

form and, hence, the complaint case was filed.

5.

Mr. Deepak Kumar, learned counsel for the petitioners submits that

initially the complainant namely Maqbool Ansari had filed a case for the

same incident with Mandar Police Station vide Mandar P.S. Case No.118 of

2013 registered under Section 147/304 of the Indian Penal Code alleging

therein that in the night of 1-2/11/2013 at about 02:00 a.m. in the night his

nephew Sanjay Ali @ Bablu telephonically informed him that Kolha uncle i.e.

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the deceased Taffazul Ansari had entered in the house of Nageshwar Sahu

and felled down from the roof of the house on account of which his leg has

been fractured and after getting the information, the informant along with

one Shamim Akhtar went to the house of Nageshwar Sahu where Kolha was

not there and Nag