- (1.) PETITIONERS have prayed for quashing the entire criminal proceeding pending in the Court of Shri A.M. Singh, Judicial Magistrate, First Class, Dhanbad alongwith the order dated 11.6.1998 vide C. P.Case No. 322 of 1998, whereby cognizance for the offences under Sections 323, 341, 379, 406, 506/34 I.P.C. was taken against the petitioners.
(2.) THE main ground advanced in support of the prayer is that the instant complaint has been filed by way of revenge only to harass the petitioners and by abusing the process of the Court and that due to suppression of material facts, the learned court below has been misled to accept the allegation in the complaint petition, as prima facie making out the alleged offences. The other ground is that even reading the allegations in the complaint petition no offence under the aforesaid sections whatsoever is made out against the petitioners, therefore, continuance of the criminal proceedings against the petitioners would amount to abuse of the process of the Court. The case against the petitioners was registered on the basis of a com - plaint filed by the complainant/Opposite Party No. 2 before the learned court below on 13.4.1998. The allegations in the complaint petition are that the Opposite Party No. 2 is a salesman under a private firm at Dhanbad and delivers goods to various shops. The petitioner No. 1 Shiv Kumar Thakur, being an old acquaintance and having his business of selling coal had approached the complainant on 3.3.1997 with a request to give him a friendly loan of Rs. 5,000/ - since he needed to purchase coal and was short of funds and had promised to return the money within one month on his next visit to Dhanbad. Believing him in good faith, the complainant gave the sum of Rs. 5,000/ -to petitioner no. 1. However, the money was not returned, despite repeated demands and reminders. It is further alleged that after a year later on 10th April, 1998, while the complainant was returning on an auto rickshaw from Jharia after delivering goods at various shops, he sighted the petitioners near a temple at Dhansar. The complainant stopped his vehicle and approached petitioner no. 1 demanding return of his money. Reacting violently to the demand, petitioner no. 1 allegedly gave out abuses in filthy language to the complainant and began assaulting him with fists and slaps. Petitioner Nos. 2 and 3, who were accompanying petitioner no. 1, indulged in the assault on the complainant and further, they restrained the complainant and his vehicle and looted away some goods belonging to the complainant from the auto -rickshaw worth about Rs. 1,000/ -. It was on the intervention of the Driver and Khalashi of the auto -rickshaw that the complainant was saving from being further assaulted.
(3.) IN course of enquiry conducted under Section 202 Cr.P.C, complainant and his witnesses were examined and their statements were recorded on solemn affirmation. On going through the complaint petition and statements of the complain - ant and his witness, learned court below recorded its satisfaction that a prima facie case for the offences have been made out and, accordingly, took cognizance for the offences directing petitioners to appear and face trial.;