JAMUNA PRASAD Vs. STATE AND ORS

JUDGEMENT

(1.) With the consent of counsel for the parties, the present petition is set down for final hearing and disposal.

(2.) The facts of the case as stated by the petitioner in this petition are that on 7.12.2011 respondent no.7 along with 7 - 8 persons knocked the door of the petitioner at approximately 11:15 at night. The petitioner found 7 - 8 unknown persons standing with weapons along with respondent no.7; he was threatened and a revolver was put on his head; and his family members were dragged and were directed to follow the directions else they would be burnt alive in the house. The petitioner was not allowed to inform the police. The petitioner and his family members were kidnapped; and the were taken to the office of respondent no.7. Respondent no.6 directed respondent no.7 to call a truck to load the goods of the petitioner, and his goods were loaded in a truck and sent to Madhya Pradesh; petrol was spread in the empty house of the petitioner and it was demolished and burnt down.

(3.) On the following day, the petitioner was forced to go to Dwarka Court under threat of elimination. He and his family members were made to sign an affidavit of sale of the plot, according to which the petitioner sold the plot to Sh.S.K. Jain for three lacs in cash and two cheques bearing No.082443 and 082444 dated 7.12.2011 were handed over to him; thumb impressions of the petitioner and his wife and others were taken; he was then forced to go to Madhya Pradesh. Thereafter complaint was lodged by the petitioner in the office of Commissioner of Police on 14.12.2011, copies marked to various other persons, were not considered and no action was taken.