- (1.) The aforesaid two Cr. Misc. petitions have arisen out of the same cognizance order dated 2-8-2002, whereby and whereunder the cognizance in the cases has been taken in P.C.R. Case No. 48 of 2002 against the petitioners of both the cases and since the points in both cases are same, they are being disposed of by this common order.
(2.) The facts giving rise to filing of the application are that the Opposite Party No. 2 has filed a complaint case being P.C.R. No. 48 of 2000 against the petitioners and others stating, inter alia, therein that on 1 - 12-1999 at 7 A.M., Opposite Party/complainant was in his village home, co-accused/petitioner Gopal Prasad Gupta came to him and asked him to meet the petitioner/accused Ram Das Roy, who was then State Minister (Mining) as Opposite Parly No. 2/Complainant has not fulfilled rangadari tax and when the complainant/Opposite Party expressed his inability to meet the petitioner, Ram Das Ray then he was threatened with bad consequences by co-accused/petitioner Gopal Prasad Gupta and also told that his all family members will be finished. The accused/petitioner No. 1 was staying in the Dakbunglow near Urja Nagar then Opposite Party/Complainant went to accused/petitioner No. 1 where accused/petitioner No. 3 was also present. The Opposite Party/Complainant informed the petitioner No. 1 about his inability to pay the Rangdari Tax as demanded by him from before, whereupon the petitioner/accused No. 1 said that if his demand is not fulfilled, he and his family members shall have to face bad consequences as he has given sufficient time previously and as election is scheduled and as complainant/Opposite party has not paid Rs. 50,000/- as demanded earlier and now he will have to make payment a sum of Rs. 1,00,000/- whereas accused petitioner Gopal Prasad and accused petitioner No. 3 said that complainant Opposite party would not pay Rangdari Tax and they have further said that they have already made demand of Rs. 50,000/- from him but his demand was not fulfilled, hence they should be paid Rs. 1,00,000/-. They have further taken a plea that if the complainant/Opposite Party is left untouched, then others will follow suit but complainant/opposite party refused to fulfil the demand, then he was threatened by all the accused persons-petitioners. Accused Gopal Prasad misbehaved with the complainant/Opposite Party and abused him and arrested. Complainant lodged a false case against him being Boarijore (Lalmatia) P.S. Case No. 93 of 1999 dated 1-12-1999 without any authority as he was not connected in any mining work and petitioner/accused No. 1 threatened him that he would ruin the reputation of complainant by publishing objectionable information against knowing full well that only by defaming the complainant he may be compelled to pay rangdari tax to accused persons who are partners in extorting the local people under threat. After arrest, complainant/Opposite party was brought to Court of learned Magistrate and the Court was pleased to refer him to hospital seeing his condition and a Medical Board was constituted to report about the condition of the petitioner and even Medical Board also found that the condition of complainant is serious and complainant was treated in hospital. But on the other hand, case lodged by accused Gopal Prasad Gupta, it was alleged that the Opposite Party/complainant No. 1, was found at the site of Hahajore at 7 a.m. where illegal mining work was done under the leadership of the complainant. The accused persons have formed an illegal gang and they asked the local people to pay illegal money as "rangdari" tax and on refusal made by any one in the area, said persons are being implicated in false cases. Petitioner/accused No. 3 is said to have published defamatory news item used to defame said persons and whole locality is afraid of accused persons. Petitioner/accused No. 3 was described to be "notorious mafia of coals" and the said news was published to terrorize local people and to defame complainant knowing full well that news was false one and was published as a part of conspiracy to put pressure on complainant to fulfil illegal demand of accused persons knowing further well that false news would cause loss of prestige. The complainant/Opposite Party was arrested in the case and was enlarged on bail on 23-12-1999 but the condition of the complainant was still serious. He went to Bhagalpur for his treatment where he was under the treatment of Dr. A. K. Sinha from 26-12-1999 to 23-1-2000. Thereafter he has filed this complaint case.
(3.) It has been submitted on behalf of the petitioner-accused Ramdas Ray that the only allegation against the petitioner is that he possessed a flat to pay the rangadari tax and the petitioner replied that the complainant is fully aware that if his demand shall not be fulfilled, he and his family member shall have to face bad consequences as he was given sufficient time previously. It is further stated that so far demand of rangadari and threatening to the complainant is concerned, there is no whisper against the petitioner and these allegations have been lvelled only against the co-accused, whose name appears at serial Nos. 2 and 3 of the complaint petition. It is further pointed out that the fact is that co-accused Gopal Prasad Gupta, who is a Range Officer of the Forest, had lodged a case against the complainant/opposite party, which was registered as Boarijore (Lalmatia) P.S. Case No. 93 of 1999 on 1-12-1999 and the opposite party was taken into custody and he was granted bail on 23-12-1999 and pairvikar of complainant-opposite party had approached the petitioner, who was at Godda to make pairvy and speak to the petitioner- Gopal Prasad Gupta accused not to arrest him but the petitioner refused and the complainant-opposite party No. 2 being aggrieved by the said order filed the instant case as counter blast. There is inordinate delay in filing the complainant case as the occurrence is of the month of December, 1999 and this case has been filed on 20-1-2000 and further no case is made out under Sections 384, 504, 120-B, 34 of the Indian Penal Code.;