NAGENDRA PRASAD GUPTA Vs. JAGANNATH PRASAD GUPTA

JUDGEMENT

(1.) This is an application for quashing of the order dated 24th of April,1978, passed by the Sub-divisional Judicial Magistrate, Jehanabad in Complaint Case no. C/136 of 1977, by which the learned Magistrate has taken cognizance of the offence under Sec. 161 of the Indian Penal Code aginst this petitioner.

(2.) It is said that this petitioner is an Inspector of Excise. On 3rd of November, 1977, he arrested Pyarchand Sao and Myachand Sao, residents of village Usri under P. S. Karpi in the district of Gaya on a charge of carrying on business of illicit distilation which is an offence punishable under Sec. 47 of the Bihar and Orissa Excise Act. The opposite party happens to be the maternal uncle of Pyachand Sao and Myanchand Sao. On getting information of their arresi, the opposite party met the petitioner some time on 4th November, 1977 and requested him for the release of both Pyachand Sao and Myanchand Sao. It is said that the petitioner demanded an illegal gratification of Rs. 200 for showing favour forj their release but the talk could not take final shape. On the day following i. e. on the 5th November, 1977, the opposite party again went to him with the bailors and asked for the release of the aforesaid two persons. The petitioner did not agree and again demanded Rs. 200 and in case of non payment, he threstened that he would beat him and threatened that he would have no trace jof his bones and humiliated him before the public.

(3.) They provoked the opposite-party to file a petition of complaint in the court of Subdivisional Judicial Magistrate who after an enquiry under Sec. 202 of the Code of Criminal Procedure took cognizance of the offence under Sec: 161 of the Indian Penal Code against the petitioner by order dated 24-4-1978 and issued processes against the petitioners.