JITENDRA PRASAD Vs. PADAM SINGH RANA & ORS

JUDGEMENT

(1.) The petitioner had been arrested on 06.12.2005 during the course of investigation into the first information report (FIR) no.627/2005 registered on 06.12.2005 in police station Dwarka for investigation into offences allegedly committed as punishable under Sections 385, 389, 506 IPC, the said case having been investigated into by the second respondent, then working as Sub-Inspector in Delhi Police. The third respondent was the complainant of the said case and had lodged the complaint on 23.11.2005. The matter was initially enquired into by the first respondent who was posted at the relevant point of time as Sub-Inspector in Delhi Police in the said police station.

(2.) On conclusion of investigation, a report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) was submitted in the court of the Metropolitan Magistrate seeking trial of the petitioner on the charge for the aforementioned offences. It was stated in the charge-sheet that evidence had come forth to show that certain messages in the nature of threats had been sent using the sim card bearing no.9891738188 which had been obtained on the basis of copies of the ration card, licence, etc. of the fourth respondent. The threats statedly were accompanied by demand of Rs. 3,00,000/- with caution that in case of failure to comply, the complainant would be implicated falsely in a criminal case and his son and daughter would be kidnapped.

(3.) The Metropolitan Magistrate took cognizance on the aforesaid charge-sheet and summoned the petitioner and upon consideration of the material that was placed before the court, framed charges by order dated 30.10.2009.