BHUPINDER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Somesh Khare, learned counsel for the applicants and Sri A.P. Tiwari, learned counsel representing the Opposite Party No.2. Learned A.G.A. appears on behalf of the State.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed seeking quashing of the proceedings of Criminal Complaint Case No.4859 of 2002 (Deepchand Vs. Bhupendra and others) (renumbered as 91 of 2007) under Ss. 506, 386 I.P.C., P.S. Turkpatti, District Kushinagar, instituted by the Opposite Party No.2 against the applicants and pending before the court of the learned 2nd Additional Civil Judge (Jr. Division)/Judicial Magistrate, Kasaya, Kushinagar.

(3.) Briefly stated the facts sworn of unnecessary details are that the Opposite Party No.2, Deep Chand Singh, who was employed as a Workman/Assistant Operator in the establishment of the applicants namely K and T Chemicals Pvt. Ltd., Rampur, Doraha, District Ludhiana, lodged a Criminal Complaint on 7/1/2002 before the Chief Judicial Magistrate, Kasaya, District Kushinagar, against the applicants and two armed unknown persons alleging inter-alia that on 16/12/2001 at about 12:00 noon the applicants who are the Manager, Director and Managing Director of K and T Chemicals Pvt. Ltd., Rampur Doraha Ludhiana along with two gunmen came in a Car and asked the complainant to sign certain blank papers. On asking of the complainant to sign certain blank papers the applicants informed him that the papers would be used for the purpose of filing compromise in the case lodged by him against the company in the Tribunal and for withdrawing the same. On the refusal of the complainant the applicants got annoyed and pulled the gun on the wife of the complainant and threatened to abduct her and his child and kill them. The Opposite Party No.2 further stated in the complaint that he had worked in the Company in the capacity of Assistant Operator and on 16/17/2000 night about 2:30 am he lost both his eyes during the course of working and he has lodged a case for compensation in the Labour Tribunal Ludhiana which is pending. The complainant out of fear put his signatures on all five pages. The incident was witnessed by the wife of the complainant, Madan Singh son of late Sitaram Singh and Ram Niwas son of Vijay Bahadur. The applicants left after threatening the family of the complainant. The FIR was not registered despite all efforts and finally the complaint has been lodged with the prayer that the applicants be summoned and punished.