- (1.) This writ application is directed against the order dated 13.6.2008 passed by the learned Sessions Judge, Jamshedpur in Cr. Rev.No.195 of 2007 affirming the order dated 18.5.2007 passed by the Judicial Magistrate, Jamshedpur in C/l case No.704 of 2001 whereby the petition for discharge filed by the petitioner was rejected.
(2.) The facts giving rise this application are that the complainant-respondent No.2 filed a complaint alleging therein that on 18.9.2000 when the petitioner asked him on telephone to come to his chambers at Tata Main Hospital, he went there where he found the presence of 5-6 security men. There the petitioner and other securitymen compelled him to write down an application of pre-ma- ture retirement. On getting the said application, this petitioner disclosed that this has been procured at the instance of other accused persons, Managing Director as well as Executive Director of the TISCO. Thereafter this petitioner threatened him not to report to anyone otherwise, he would be killed by securitymen. The next day, the complainant reported the matter before the Bistupur Police Station but they did not take any interest in the matter and then no option was left with him but to lodge the complaint as the complainant had never given application for premature retirement willingly, rather he was compelled to right that application, though, as per the terms and conditions, one month's notice was required to be given.
(3.) Thereupon, statement of the complainant was recorded on solemn affirmation and the matter was taken for enquiry. After holding the enquiry, learned Magistrate did find that offence under Sections 342,347,387, 504 and 506 of the Indian Penal Code is prima facie made out and hence, issued summon to the petitioner. Upon putting the appearance, an application was filed to discharge the application but that prayer was refused by the learned Magistrate, vide its order dated 20.6.2006 which was challenged before the learned Sessions Judge, Jamshedpur, who upon hearing the parties set aside the order and remitted the case back before the learned Magistrate for passing a reasoned order. Thereupon learned Magistrate upon hearing the parties passed an order on 18.5.2007 holding therein that there appears to be prima facie case against the petitioner for the offence mentioned above and that order was challenged again before the learned Sessions Judge in Cr. Rev. No. 195 of 2007 but it got dismissed on 13.6.2008.;