Prashant Kumar, J. - (1.) This writ application has been filed for quashing the entire criminal proceedings in connection with Bistupur P.S. Case No. 303 of 2012, corresponding to G.R. No. 2520 of 2012, including the order dated 13.12.2012 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur, whereby and whereunder he took cognizance against the petitioners under Ss. 504, 506 read with Sec. 34 I.P.C. Petitioners further prayed for quashing the order dated 13.02.2013, 19.08.2013 and 20.03.2015 passed by learned Judicial Magistrate, 1st Class, Jamshedpur, in the aforesaid case, whereby he issued bailable warrant of arrest, non -bailable warrant of arrest and process under Sec. 83 of the Cr.P.C. respectively.
(2.) The respondent No. 2 (informant) has filed a complaint in the court of Judicial Magistrate, Jamshedpur, vide Complaint Case No. C/1. 2106 of 2012 alleging therein that the accused persons (petitioners) are running a business of Cinematography films in the name and style of M/s. Eros International Limited. It is further alleged that accused persons approached respondent No. 2 in the month of July, 2008 for taking distributorship of their film. It is stated that on being induced by the accused persons, the respondent No. 2 paid a sum of Rs. 9,47,000/ - to the accused persons for taking distributorship of their film. It is then alleged that the accused persons had not given distributorship to the respondent No. 2. Thereafter, respondent No. 2 requested the accused persons to refund his amount, but the accused persons did not give any heed to his request and avoided to pay the aforesaid amount. Constrained with the same, respondent No. 2 filed a Complaint Case vide C/1 No. 308 of 2009 under Ss. 403, 406 & 420 read with Sec. 34 of the I.P.C., but the aforesaid criminal proceeding has been quashed by a Bench of this Court under Sec. 482 of the Cr.P.C. by order dated 16.04.2012 passed in Cr.M.P. No. 684 of 2010. It is alleged that thereafter respondent No. 2 sent a legal notice to the petitioners on 21.04.2012, which was received by the petitioners, but they have not given any reply to the said notice. It is stated that on 01.08.2012 at 8:00 p.m. the accused persons threatened respondent No. 2 with dire consequences by giving telephone call on his mobile phone through telephone No. 022 -69812565. Accordingly, the present case has been filed alleging that the petitioners had committed offence under Ss. 384, 504, 506, 120B & 34 I.P.C.
(3.) It appears that the learned Judicial Magistrate, Jamshedpur, sent the aforesaid complaint to Bistupur Police Station under Sec. 156 (3) Cr.P.C. with a direction to institute first information report and investigate the case. Accordingly, Bistupur P.S. Case No. 303 of 2012 under Ss. 406, 504, 506/34 I.P.C. instituted and police took up investigation. It appears that the police, after completing the investigation, submitted charge sheet against the petitioners under Ss. 504, 506 read with Sec. 34 I.P.C. against the accused petitioners. It further appears that the learned Judicial Magistrate, 1st Class, Jamshedpur took cognizance of the aforesaid offences against the petitioners vide his order dated 13.12.2012 and issued summons to the petitioners. It then appears that the learned Judicial Magistrate vide order dated 13.02.2013 had issued bailable warrant of arrest against the petitioners. Thereafter, vide order dated 19.08.2013, the learned Judicial Magistrate issued non -bailable warrant of arrest against the petitioners. Then vide order dated 25.11.2013 issued process under Sec. 82 of the Cr.P.C. and thereafter vide order dated 20.03.2015 issued process under Sec. 83 of the Cr.P.C. Against the aforesaid orders passed by the learned Magistrate, this writ application has been filed.;