RAMASHISH PRASAD SHARMA @ RAMASHISH SHARMA, SON OF SRI BALESHWAR SHARMA, RESIDENT OF SHRIKRISHNAPURI COLONY, P.O. AND P.S. JEHANABAD, DISTRICT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Ramakant Sharma, learned Senior Counsel, who was assisted by Sri Brajnandan Singh, learned counsel for the petitioners, learned Addl. Public Prosecutor as well as Sri Sunil Srivastava, learned counsel appearing on behalf of Opp.Party no. 2.

(2.) Two petitioners, while invoking inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 26.08.2002 passed by the learned Judicial Magistrate, 1st Class, Patna in Complaint Case No.1467 (C) of 2001. By the said order, the learned Magistrate has taken cognizance of offence under Sec. 379 of the Indian Penal Code.

(3.) Short fact of the case is that the complainant/Opp.Party no.2 filed a complaint in the court of the learned Chief Judicial Magistrate, Patna alleging therein that the complainant had taken loan of Rs.75,000.00 from Bihar State Co-operative Land Development Bank Ltd., Masaurhi Branch and out of the said amount Rs.35,000.00 was paid directly to the supplier of Generator and the remaining amount was received by him. Since there was defect in the Generator, the complainant was facing difficulty. Although several requests were made by the complainant but the Generator set was not changed even after giving assurance in writing. However, on false pretext, five accused persons of complaint petition, which includes two petitioners, took the complainant to the office premises, where it was alleged that accused persons forcibly took Rs.340.00 from the pocket of the complainant and also the complainant on false pretext was sent to civil prison.