AJIT KUMAR MISHRA Vs. KAILASH KUMAR VISHWAKARMA

JUDGEMENT

(1.) THE petitioners have challenged the order dated 10.11.2009 pased by the learned JMFC Rewa (Shri Vijay Bahadur Singh) in Criminal Case No.3910/2010 whereby a complaint was registered against the petitioners for offence punishable under Section 392 of I.P.C.

(2.) THE facts of the case are that, the respondent has moved a complaint against the petitioners that the respondent had purchased a truck No.MP09 -D 4377 in a sum of Rs.1,70,000/ -. An agreement was executed on 19.10.2004 and the respondent had the possession of the truck. On 30.1.2005, the petitioners along with other persons went tothe spot and started abusing Ram Niwas Vishwakarma, father of the respondent. They assaulted Ram Niwas Vishwakarma and driver Chhote Charmakar and forcefully took that truck. Initially it was found that the petitioners forcefully took the truck because of their previous transaction and they wanted to recover their money. When the respondent contacted the accused no.1 Ajit Kumar Mishra, he was also assaulted and sent back. The respondent went to the Police Station but, no FIR could be written. On 31.1.2005, he sent a complaint to the S.P. Rewa but, no action was taken. Ultimately, the respondent had lodged the criminal complaint.

(3.) THE learned JMFC after considering evidence adduced under Sections 200 and 202 of the Cr.P.C, registered the complaint.