D.K.SINHA, J. - (1.) The petitioner has invoked the inherent jurisdiction of this Court under Section 482, CrPC for quashment of the entire criminal proceeding including the order dated 10.8.2002 in Complaint Case No. 142 of 2002 whereby the learned Judicial Magistrate found prima facie case after enquiry for the alleged offence under Section 323/427/504 and 379, IPC and directed the processes to be' issued against him.
(2.) THE complainant -opposite party No. 2 (Rishikesh Mahato) entered appearance by executing Vakalatnama. The brief fact of the case was that the opposite party No. 2 -cornplainant filed a Complaint Case No. 142 of 2002 before the C.J.M., Ranchi stating, inter alia, that he had a piece of land at Khijul Toli. measuring an area of 1.66 acres appertaining to Khata No. 139, Plot No. 1474. While he was raising boundary wall over the said land on 19.2.2002 the accused persons including the petitioner came there at about 3 p.m. and demanded Rs. 50,000/ - from the complainant. On the refusal there being made it was alleged that all the accused persons threatened that they would demolish the boundary wall and would also commit his murder. Boundary wall which was raised by the complainant - opposite party No. 2 was found demolished on 22.2.2002. It was further alleged that the accused persons with the anti -social elements, variously armed came there abused, assaulted the complainant and reiterated their demand of Rs. 50,000/ - and ultimately removed Rs. 35,000/ - forcibly from the pocket of the complainant. No sooner did the witnesses arrive at the scene, the accused escaped. On 24.2.2002 when he visited the site of construction he found that two trucks load of brick were removed from the place of construction and in that manner the complainant sustained loss of worth Rs. 40,000/ -.
(3.) IN course of enquiry under Section 202, CrPC. besides the statement of the complainant on solemn affirmation, two other witnesses viz. Basant Lohra and Tupan Pathak were examined and thereafter the impugned order as aforesaid was passed.;