AMARESHWAR SAHAY,J. - (1.) THE order dated 25.11.1996 of the learned A.C.J.M. Bermo at Tenughat as well as the entire criminal prosecution being Complaint Case No. 237/1996 are under challenge in this application whereby cognizance of the offence under Sections 120B, 347, 352, 388 and 448 of the Indian Penal Code has been taken against the petitioners on the basis of the complaint filed by O.P. No. 2.
(2.) A complaint was filed by O.P. No. 2 on 5.11.1996 against the petitioners. The complainant was examined on solemn affirmation on 7.11.1996 by the A.C.J.M. and thereafter the complaint case was made over to the Judicial Magistrate Ist Class for enquiry and trial under Section 192, Cr PC. The learned transferee Magistrate examined the witnesses produced on behalf of the complainant under Section 202, Cr PC and thereafter took cognizance of the offence under Sections 120B, 347, 352, 388 and 448 of the Indian Penal Code. It was alleged in the complaint petition that on 14.9.1996 the complainant, who was an employee of C.C.L. was taking rest in the verandah of his house after he was released from the hospital where he was admitted for his treatment. On that day at about 3 p.m. the petitioners entered into his house and started searching money but they could not find money and thereafter they told the complainant to accompany them and on refusal they forcibly took the complainant with them to Gomia R.P.F. Office, where he was confined in a room. Thereafter, they asked the complainant to pay Rs. 20,000/ - otherwise he was threatened to be implicated in a criminal case and he was also assaulted with fist and slaps. It was further alleged that on 15.9.1996 the complainant was again assaulted, abused and his signature was obtained forcibly on a blank paper. Thereafter, he was taken to Barkakana and was kept in the R.P.F. Office. On 16.9.1996 from Barkakana he was taken to Daltonganj and was produced before the Railway Judicial Magistrate by implicating him in a false case for the alleged commission of offence under Section 3 of the R.P. (U.P.) Act and was remanded to the jail custody.
(3.) THE further case of the complainant is that after he was released from custody on 1.11.1996 he went to the Police Station to lodge information but no case was registered and as such he filed the complaint case in the Court.;