D.K.SINHA, J. - (1.) THE petitioner Naresh Kumar Chawda has preferred the present application under Section 482 of the Code of Criminal Procedure for setting aside the order dated 18.6.2004 passed by the Sessions Judge, Dhanbad in Criminal Revision No. 94/2004 whereby and whereunder the order passed by the Judicial Magistrate, Dhanbad dismissing the complaint case No. 1578/03 under Section 203 Cr.P.C. was set aside with the observation (Annexure -6).
(2.) TO recapitulate, the brief fact of the case is that the complainant O.P. No. 2 filed a complaint Case No. 1578/03 on 8.12.2003 before the C.J.M., Dhanbad stating inter alia that he was a tenant under the petitioners since the period of his father and he was running a business of Vulcanizing in the name and style Milan Vulcanizing Works. He has given the reference of the alleged occurrence, which took place in the night of 6/7.12.2003 that while he was sleeping in his said shop, he heard a knock at the door and on demand it was stated by the outsider that they had to get their tyre repaired. The complainant opened the door and found a number of accused persons variously armed with spear sticks and pistols in their hands he was slapped by the accused Suresh Kumar Chawda and on his instruction a person appeared to be police man in the uniform caught hold him, took out his pistol and put it in his mouth extending caution that in case of raising alarm he would be shot at. The other accused persons robbed all his belongings from his business premises and removed on a truck including the tyres. On hearing alarm when the brother of the complainant Md. Amanullah and Others who were sleeping behind the petrol pump came there and they were also assaulted by the petitioner and others by fists and slaps. In the meantime, the neighbourers awoke and the complainant raised alarm. It is alleged that the person in the police uniform snatched Rs. 7,000/ - as well as the papers relating to shop from the pocket of the complainant. On the command of the accused Suresh Kumar Chawda the other accused persons demolished the premises of the complainant and thereafter all the culprits escaped. The police was informed but without any result. Then he went to the residence of S.P. and thereafter to the S.D.O., Dhanbad. But no action was taken by them. It is further alleged that on 7.11.2003 he was forced by the accused No. 10 to write on a blank paper that he was taking away his goods and belongings after vacating the shop at this own sweet will and his signature was obtained forcibly thereon. He has given the list of the articles which were removed on a truck by the accused persons worth Rs. 1,00,000/ - and in view of the alleged offence. The offence was suggested under Sections 323, 324, 341, 147, 148, 457, 395 I.P.C. and under Section 27 of the Arms Act in the complaint case. The present petition contains that Shri Abhimanu Kumar, Judicial Magistrate, Dhanbad after making an enquiry under Section 202 Cr.P.C. found the case to be of civil nature and that no prima facie case under penal offence was attracted, he dismissed the complaint case No. 1578/03 u/s 203 Code of Criminal Procedure. A Criminal Revision No. 94/2004 was preferred by the O.P.No.2 herein against the said order of dismissal without figuring the accused persons as the Opposite Party in the said revision and the learned Sessions Judge without giving opportunity to the accused persons of being heard allowed the revision application by setting aside the order of the Judicial Magistrate dated 18.6.2004 in contravention of natural justice and directed to hold further enquiry into the matter and to pass fresh order in accordance with law.
(3.) ON the receipt of the order passed in the Revision Application Shri Abhimanu Kumar, Judicial Magistrate, Dhanbad immediately on the same set of facts and without making any further enquiry took cognizance of the offence under Sections 147, 323, 341, 380 and 149 of the Indian Penal Code on 27.7.2004 against the accused and thereafter summons were issued.;