H.C.MISHRA, J. - (1.) HEARD learned counsel for the petitioner, learned counsel for the State as also learned counsel for the complainant opposite party No.2.
(2.) THE petitioner is aggrieved by the order dated 22.8.2013 passed by Sri Arjun Saw, learned Judicial Magistrate 1st Class, Bokaro, in C.P. Case No. 445 of 2013, whereby upon enquiry, the Court below has found prime facie offences under Sections 323, 341, 506, 387/34 IPC against the accused persons, including the petitioner, and has directed for issuance of summons against them for facing the trial. The complaint case was filed in the Court of learned Chief Judicial Magistrate, Bokaro, which was registered as C.P. Case No. 445 of 2013. The complainant, who is a Medical Practitioner and running a Nursing Home, viz., Raj Nursing Home, at Jena More. P.S. - Jaridih, District - Bokaro, filed the complaint against the petitioner (who is described as accused No.1) and other co -accused persons, stating that the accused persons were his employees and there was some dispute between them and the matter was brought before the DLSA, Bokaro, by the accused persons for extraction of money, in which, the complainant protested and disagreed for any settlement. Thereafter the accused persons abused the complainant outside the Lok Adalat, Bokaro and accused No. 2 inflicted fists and slaps upon the complainant. It is alleged that the accused persons were threatening the complainant for whimsical demand of Rs. 1,52,000/ - which they were demanding as rangdari from the complainant. It is alleged that the petitioner sent a legal notice on 3.4.2013 to the complainant and from the said legal notice, the complainant learnt that a cheque No. 160131 of United Bank of India, Jena More Branch, had been wrongly used by the accused persons, as the said cheque of the complainant was missing, which was used by the accused persons with false signature of the complainant. It is alleged that on 16.4.2013, the car of the complainant was intercepted by four motorcycles upon which all the accused persons along with three miscreants were there, they stopped the car and accused No. 2 brought out a Bhujali and placed at the throat of the complainant and demanded money from the complainant, who was also assaulted by the accused Nos. 3 and 4 and other co -accused persons and it is alleged that the petitioner threatened the complainant of killing him, whereupon he gave Rs. 5300/ - and gold chain and ear rings of his wife to accused Nos. 2 and 4 respectively. Mainly with these allegations, the complaint petition was filed in the Court below.
(3.) IT appears that the statement of the complainant was recorded on solemn affirmation and the statements of three witnesses were recorded at the inquiry stage, who supported the case of the complainant, on the basis of which, the Court below found prime facie offence against the petitioner and other co -accused persons for the offences under sections 323, 341, 506, 387/34 of the Indian Penal Code.;