P.N.Goel - (1.) THIS is an application under section 482, CrPC.
(2.) APPLICANTS are partners of a. shop of Chemists which carries on business under the style of Kohinoor Chemist.. Munna Lal, opposite party No. 1 was an employee at this shop for the last about 20 years. On 24-5-1978 Munna Lal filed a complaint before the Chief Judicial Magistrate, Allahabad, against the applicants. The complaint relates to two incidents. It was alleged that Darshan Kumar Ahuja, relation of Jagdish Chandra Tondon, applicant used to make complaint against Munna Lal. Munna Lal had an account in Bank of Baroda. His wife Smt. Sumitra Devi had an account in Indian Overseas Bank. The first incident is : On 16-8-1977 the applicants saw the pass books of Munna Lal and his wife at the shop of Kohinoor Chemist. The applicants asked him from where they got the money outstanding in the two pass books. Munna Lal told them all the details. The applicants told him that the entire money was of their shop, that he should give the entire money to them otherwise they would kill him. Munna Lal objected. Thereupon the applicant No. 2, Sevak Nanawati told him that they did not require his services any more and he should leave their service and Jake his account. Munna Lal replied that that his account be given to him and that he would no more work at their shop. Applicant No. 1, Jagdish Chandra Tendon asked him to remain quiet. On account of fear, Munna Lal went away to his house. Then on the same day at 7.30 P.M., applicant No. 1 along with some bad characters reached at his house and took him to his house. At his (applicant No. 1's) house, applicant No. 1 showed pistol saying that it was a five-bore and was sufficient to level him and members of his family. Munna Lal was disturbed arid frightened and asked what did he want. He was told that he should pay Rs. 3.500.00 which was payable to a Bank. Munna Lal asked from where he should give the said money. He was told that he should withdraw money from the Bank and give the same otherwise he would not remain alive. On 17-8-1977 Munna Lal withdrew Rs. 3,500.00 from Baroda Bank and handed over the same to applicant No. 1. Applicant No. 1 gave him a receipt indicating that this loan money had been repaid. In fact Munna Lal had taken no loan. The second incident is: On 21-8-1977 at 8.30 P. M. applicant No. 1 along with some persons reached at the house of Munna Lal. Munna Lal was not there. His wife Smt. Sumitra was there. Applicant No. 1 showed pistol to her and aksed her to give him Rs. 6,000.00 otherwise her husband would be killed, adding that she should not tell this fact to her husband. Applicant No. 1 gave a form of withdrawal of money to Smt. Sumitra Devi and asked her to sign at the place tick-marked. Applicant No. 1 told her to reach the Bank on the next day where he would meet her. On 221-8-1977 Smt. Sumitra Devi went to Indian Overseas Bank along with her brother Bankey Lal and withdrew Rs. 6000.00. Applicant No. 1 was standing at a little distance. Smt. Sumitra Devi gave him Rs. 6000/-.
(3.) IT was then alleged in the complaint that the complainant gave application to the Senior Superintendent of Police, Allahabad, that no action was taken, that then he gave application to Sri Keshari Nath Tripathi, Minister of U. P. who sent it to the superintendent of Police for necessary action. The police ultimately gave final report. On the basis of the application given by Munna Lal to Sri Keshari Nath Tripathi, the police drew up a first information report (copy Annexure 1). On 29-2-1978 the police gave final report. This report was accepted by the Chief Judicial Magistrate on 1-4-1978. Then Munna Lal filed complaint.;