- (1.) IN this petition, the petitioner has prayed tor quashing the order dated 18th December, 2003 passed in P.C.A. No. 346 of 2003fT.R. NO.1263 of 2003 by learned Sub -Divisional Judicial Magistrate, Dumka and also for quashing the entire criminal prosecution launched against him.
(2.) THE petitioner is the District Transport Officer, Dumka. Against him, the complaint has been lodged by the complainant, a transport bus owner. In the complaint case, it has been alleged that the petitioner checked the complainant's vehicle on 25th July, 2003 and seized his tax token, insurance papers and other papers and asked the driver to inform the owner to meet the petitioner. The complainant went to meet the petitioner at his residence the next day in the morning, where the petitioner illegally demanded Rs.5,000/ - (rupees five thousand) for releasing his papers. The allegation of the complainant is that the petitioner has committed an offence under Sections 162, 166, 385, 500, 504 and 506 of the Indian Penal Code.
(3.) ON the said allegations, the learned Court below vide order dated 18th December, 2003 took cognizance of the offences under Sections 385, 500, 504 and 506 of the Indian Penal Code and has issued process against the petitioner, requiring his attendance.;