- (1.) THIS is an application for quashing the order dated 19.6.2005 passed by Judicial Magistrate, 1st Class, Sahibganj, in P.C.R. Case No. 35 of 2003 whereby and whereunder he came to the conclusion that prima facie offence under Sections 166 and 384 of the Indian Penal Code is made out. The petitioner further prayed to quashing the order dated 25.7.2005 passed by Additional Sessions Judge -I, Sahibganj in Criminal Revision No. 40 of 2004 whereby and whereunder he confirmed the aforesaid order passed by the Judicial Magistrate, 1st Class, Sahibganj.
(2.) IT appears from complaint petition that on 20.2.2003 the complainant (opposite party no. 2), alongwith his labour (Kishore Mandal) was going to Village - Chanan on his tractor bearing registration No. BED 780 and when he reached at Jirwabari O.P., he stopped it on the direction of petitioner. It is further alleged that even though all the papers, relating to tractor, have been shown to the petitioner, the tractor was seized by the petitioner. It is further alleged that when the complainant requested to release the tractor, petitioner did not give any heed to his request, nor did he give any seizure list. It is further alleged that thereafter on 21.2.2003 complainant filed a petition in the court of learned Chief Judicial Magistrate praying therein that the concerned police station may be directed to send a report as to why the said tractor has been seized. It is further alleged that the petitioner illegally seized the tractor and forcibly took LTI of Kishore Mandal (labour of opposite party no. 2) on a blank paper. It is alleged that the said occurrence took place because the opposite party no. 2 filed a complaint case against the petitioner vide P.C.R. No. 28 of 2003 under Sections 323, 448, 147, 148, 380, 504 of the I.P.C. Equivalent Citation:2009 -JX(Jhar) -0 -1154 It appears that after completion of inquiry the learned Judicial Magistrate, 1st Class, Sahibganj came to the conclusion that prima facie offences under Sections 166 and 384 of the I.P.C. are made out, therefore vide order dated 19.6.2004, he directed the office to issue process against the petitioner.
(3.) IT further appears that against the aforesaid order of Judicial Magistrate, 1 st Class, Sahibganj a criminal revision bearing Criminal Revision No. 40 of 2004, had been filed in the Court of Learned Sessions Judge, Sahibganj, which was dismissed vide order dated 25.7.2005.;