RONGON MUKHOPADHYAY,J. - (1.) HEARD Mrs. Ritu Kumar, learned counsel appearing on behalf of the petitioner and Mr. K. P. Deo, learned counsel appearing on behalf of the opposite party No. 2.
(2.) IN this application, the petitioner has prayed for quashing the First Information Report which has been instituted against the petitioner for the offences punishable under Sections 420, 504, 506/34 of the Indian Penal Code and read with Sections 3(i)(viii)(x) of the SC/ST (Prevention of Atrocities) Act 1989.
(3.) AN F.I.R. was instituted against the petitioner by the informantopposite party No. 2 in which it was stated that the informant when he was not selected for counseling in the Medical Examination, he came in contact with the petitioner who assured the informant that if he arranged Rs. 8,00,000/ - he will be admitted to MGM, College, Jamshedpur. On the assurance of the petitioner Rs. 6.5 lakhs was paid to the petitioner by the informant but when the informant could not get admission in MGM, College, Jamshedpur, he requested for return of the money at which the petitioner issued a cheque of Rs. 1,00,000/ - which was subsequently dishonoured and when the informant again approached to the petitioner, he was abused in the name of his caste. It was also alleged that on 05.03.2014 the pleader's notice was sent to the father of the informant on behalf of the petitioner levelling allegation of cheating and it was also informed therein that a complaint case being Complaint Case No. 572 of 2014 has been instituted against the father of the informant. Based on the aforesaid allegation SC/ST (Ranchi) P.S. Case No. 06 of 2014 corresponding to G. R. No. 1488 of 2014 was registered against the petitioner. It has been submitted by the learned counsel for the petitioner that the allegation levelled against the petitioner is false and concocted and in fact an agreement was executed between the petitioner and the father of the informant for sale of land situated at village Mahespur, Angara under Plot No. 2013 under Khata No. 151 area one acre and in terms of the agreement a cheque of Rs. 1,00,000/ - was issued by the father of the informant in favour of the petitioner and subsequently a total amount of Rs.6.5 lakh was paid to the petitioner by the father of the informant. It has also been submitted that subsequently the informant's father become reluctant to execute the sale deed and demanded return of the money otherwise the petitioner shall face dire consequences and since no amicable settlement could be arrived at the petitioner was constraint to file a complaint case against the informant and the informant's father for the offences under Sections 323, 341, 506, 384, 420/34 of the Indian Penal Code. It has also been submitted by the learned counsel for the petitioner that in order to create pressure upon the petitioner the present case has been instituted. It has further been submitted that an application was filed by the petitioner before the Sr. Superintendent of Police, Ranchi on 12.03.2014 requesting him to investigate the matter and on the said application the matter was investigated upon and a report was also submitted which resulted in institution to Misc. Case No. 727 of 2014. The learned counsel for the petitioner, therefore, submits that the facts and circumstances do point to the fact that the petitioner has been falsely implicated in the present case and the prosecution seems to have been lodged with malice and ill motive.;