- (1.) This application has been filed for quashing the entire criminal case in connection with Katras (East Basuriya) P.S. Case No.61 of 2015, dated 26.2.2015, corresponding to G.R. No.928 of 2015(arising out of Complaint Case No.511 of 2015), instituted under Sections 323/379/406/420/384/120B of the I.P.C., pending before the learned Sub Divisional Judicial Magistrate, Dhanbad.
(2.) It is an admitted position that the complainant purchased a JCB 3 DX vehicle having registration no. JH -10AF - 8479 after taking loan from a private finance company namely, Shriram Equipment Finance Company Limited. It appears that the officers of the aforesaid finance company repossessed the aforesaid vehicle as per the terms and conditions of hire purchase agreement, because the complainant was not paying the installments for returning the loan amount. It is alleged that on the date of repossession, the accused persons assaulted and demanded 'Rangdari' from the complainant. Accordingly, a complaint case filed vide Complaint Case No.511 of 2015, which was sent to the concerned police station for institution and investigation of the case. Accordingly, Katras (East Basuriya) P.S. Case No.61 of 2015 instituted.
(3.) It is submitted by the learned counsel for the petitioner that in view of the judgment of the Hon'ble Supreme Court in Charanjit Singh Chadha and others vrs. Sudhir Mehra, reported in (2001)7SCC 417, no offence made out. It is further submitted that so far the allegations of assault and demand of "Rangdari" is concerned, there is no such allegations against these petitioners. Thus, the said offence also not made out against them.;