JUDGMENT : 1. This petition has been filed for quashing of the entire criminal proceeding initiated against the petitioner vide Complaint Case No.1084/2021 pending in the court of learned court of Judicial Magistrate, first class, Palamau, Daltonganj under sections 147, 148, 149, 323, 325, 352, 354, 387, 386, 427, 504, 506, 34 of the IPC and section 27 of the Arms Act and under section 3&4 of the SC/ST (Prevention of Atrocities) Act, 1989 including the order taking cognizance dated 19.05.2015 whereby cognizance against the petitioner and other accused persons under section 323 and 34 of the IPC has been taken. 2. On 15.10.2012 by way of alleging the complaint petition was filed as under: That at about 12 hours in the day time, the accused persons had come near the house of the complainant and started dumping soil through Hywa and dozer as a result of which water of coal mines started to flow in the house of the complainant. When the complainant objected the same, on the instigation/instruction of the accused no.1 namely Rajeev Kumar Singh, the other accused persons started abusing the complainant with abusive caste related words (harijan, dushad) and other accused persons who were security personnels fired with firearms and bullet on the complainant which just crossed over the head of the complainant. Further it is also alleged that he was assaulted by the accused persons as result of which his left hand and right leg were fractured and he also received injuries all over his body. Moreover, his family members also received injuries. The accused persons also misbehaved with the ladies and also beat them. Further the complainant after the occurrence of incident had gone to Padwa Police Station and after waiting there for four hours that police persons did not register his case and thereafter the complainant went to the hospital for his medical treatment and he lodged complaint case. 3. Mr. Amit Kumar, the learned counsel appearing for the petitioner submits that earlier FIR was instituted by O.P.No.2 being Padwa P.S.Case No.53 of 2013 for the incident which was happened on 15.10.2012. 3. Mr. Amit Kumar, the learned counsel appearing for the petitioner submits that earlier FIR was instituted by O.P.No.2 being Padwa P.S.Case No.53 of 2013 for the incident which was happened on 15.10.2012. He further submits that by suppressing the institution of earlier FIR the complainant case was instituted for the same offence of dated 15.10.2012 and the cause of action was also for the same occurrence of dated 15.10.2012 in which the petitioner is alleged to have used abusive language and has also committed act of assault. He submits that both the cases are related to the same incident and subsequently the case instituted against the petitioner deserves to be quashed and set aside. 4. Mr. Tiwary, the learned counsel appearing for the O.P.No.2 submits that there are allegations against the petitioner and the learned court has rightly taken cognizance. 5. Mr. Roy, the learned counsel appearing on behalf of the respondent State also admitted the position that earlier Padwa P.S.Case No.53/2013 has been lodged for the same incident dated 15.10.2012 and on the very next day the complaint case has been filed in which the final form submitted by the police has not been disclosed in Padwa P.S.Case No.53/2013 and in that case the petitioner was not sent up for trial. 6. The learned court has taken cognizance by order dated 19.05.2015. Looking to the cognizance order dated 19.05.2015 it appears that the learned court has not disclosed what are the prima facie materials against this petitioner as he was not sent up for trial in Padwa P.S.Case No.53/2013 for the allegation of the same date of 15.10.2012. Atleast what are the prima facie materials against the petitioner was required to be disclosed in the cognizance order particularly in the facts of the present case as earlier the police has investigated the same incidence and has submitted the charge sheet whereby the petitioner has not been sent up for trial. 7. Accordingly, the cognizance order dated 19.05.2015 in connection with Complaint Case No.1084/2021 pending in the court of learned Judicial Magistrate, first class, Palamau, Daltonganj is quashed. The matter is remitted back to the concerned court to pass a fresh order in accordance with law. 8. Cr.M.P. No.1197 of 2017 stands disposed of. 9. I.A., if any, also stands disposed of.