D.K.SINHA, J. - (1.) The petitioners have invoked the extraordinary writ jurisdiction of this Court for the quashment of the order dated 26.05.2006 passed by the S.D.J.M., Godda in P.C.R. No. 627 of 2002 corresponding to T.R. No. 1169 of 2006 by an appropriate writ/order/directions.
(2.) THE brief fact of the case giving rise to the writ petition was that the Respondent No. 2 (Raj Kishore Jha) had presented a complaint vide P.C.R. No. 474/99 in the Court of C.J.M., Godda against both the petitioners Ramesh Kumar Bajaj @ Ramesh Bajaj and Raman Kumar Sah @ Raman Kumar stating inter alia that he was the owner of Mahindra Commander Jeep No. BR 12 -4494 having all relevant documents of the said jeep in his name. On 12.05.1999 the petitioner No. 1 Ramesh Kumar Bajaj @ Ramesh Bajaj took the jeep of the complainant on hire from the complainant at the rate of Rs. 400/ - per day. It was alleged that whenever the complainant Respondent No. 2 (Raj Kishore Jha) used to demand the freight of his jeep that was under use and possession of the petitioner No. 1 (Ramesh Kumar Bajaj @ Ramesh Bajaj) on hire, the latter rest assured that he would make payment sooner and asked that he needed the vehicle for some more time. On 02.08.1999 when the complainant reiterated his demand, it ignited the petitioner No. 1 Ramesh Kumar Bajaj and other accused persons present there. The petitioner Ramesh Kumar Bajaj declined having ever taken any vehicle from the complainant and in the same transaction the petitioner No. 2 Raman Kumar Sah threatened him in abusive language that he would be eliminated in case he would come to Godda. It was alleged that their such rude behaviour adversely affected the prestige of the complainant. Yet, the jeep in question was lying at the house of the Petitioner No. 2 (Raman Kumar Sah @ Raman Kumar) which could be procured and that both the petitioners intentionally usurped his jeep for their personal gains and thereby caused criminal breach of trust. However, the petitioners expressed to return his jeep on payment of Rs. 20,000/ - as the extortion amount and that such act of petitioners constituted an offence under Sections 406/506 and 384 of the Indian Penal Code. The complaint was filed on 03.08.1999 which was sent to Godda Police Station under Section 156(3) of the Code of Criminal Procedure by the C.J.M., Godda, giving rise to Godda P.S. Case No. 257 of 1999, registered on 07.08.99 against the petitioners for the alleged offence under Sections 406/384/506 I.P.C. The learned Counsel explained that prior to such complaint, an informatory petition was filed by the Petitioner No. 1 Ramesh Kumar Bajaj on 26.07.99 before the Officer -in -Charge of Godda Police Station complaining therein that he was having a diesel vehicle to which he had put it for repair in the garage of the Respondent No. 2 Raj Kishore Jha who presented the estimate of Rs. 25,000/ - being the cost of repair. On demand the Petitioner No. 1 Ramesh Kumar Bajaj made an advance of a sum of Rs. 20,001/ - to the complainant O.P. No. 2 on 18.03.1999 and the complainant Respondent No. 2 assured in presence of his own relations that he would deliver the diesel vehicle within 21 days after its repair. When the vehicle could not be delivered to the petitioner within time frame in spite of reminder, the complainant O.P. No. 2 Raj Kishore Jha came to his shop with one Shankar Thakur and Ajay Pradhan and expressed his inability to deliver his vehicle as the same could not be repaired in time as such the petitioner demanded his money back which was advanced to him. The Respondent No. 2 Raj Kishore Jha then asked him to takeaway his diesel jeep No. BR 12 -4494 with all relevant documents and accordingly he transferred the custody of his diesel jeep to the Petitioner No. 1 Ramesh Kumar Bajaj. The petitioner alleged in his informatory petition that on 25.07.1999 Raj Kishore Jha suddenly came to his residence and asked him to deliver his diesel jeep and otherwise threatened to take away his jeep forcibly. Such petition prompted the Godda Police to make entry in the Station diary of the Police Station (Annexure -1).
(3.) THE petitioner No. 1 Ramesh Kumar Bajaj preferred a complaint vide P.C.R. No. 486/1999 against Respondent No. 2 (Raj Kishore Jha) with the aforesaid allegations and his complaint was also sent to the Godda Police under Section 156(3) Cr.P.C. giving rise to Godda PS. Case No. 258 of 1999 for the alleged offence under Sections 406/407/420 and 120B I.P.C. against Respondent No. 2 Raj Kishore Jha.;