MANAS KUMAR SAHU Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This application under Section 482, Cr.P.C. has been filed praying for quashing of the second order of cognizance dated 29.4.2013, passed by the learned J.M.F.C, Basudevpur, in G.R. Case No.138 of 2009 (T.R.No.499 of 2010), taking cognizance against the petitioners under Sections 364/ 392, I.P.C.

(3.) The brief facts of the case is that the informant had lodged a written report before the Naikanidihi Police Station. Bhadrak, which was registered as Naikanidihi P.S.Case No.54, dated 27.4.2009, under Sections 342/294/323/ 379/364/506/ 34, I.P.C, alleging therein that on 27.4.2009 the petitioner No. 4, who was undertaking the construction work of the informant's house as a mason, in order to provide cement, iron rod and other building materials to the informant at a low price, took him in a scooter to Bideipur and from there to Basudevpur and subsequently proceeded to Birusha Chhak. When the petitioner No. 4 could not provide the building materials as promised, the informant doubted the intentions of petitioner No. 4 and accordingly requested him to return back. It was further alleged that while the petitioner No. 4 was pretending to start the scooter and return back, at that time one white Maruti car bearing No.OR-01/5541 arrived at the spot and four to five persons got down from the car, out of which, the informant could recognize petitioner No. 2, who is the brother-in-law of petitioner No. 4. It was alleged that they abused the informant and tried to press his neck and threatened him with dire consequences and snatched away Rs.70,000/-from him and on arrival of local villagers, the petitioners fled away from the spot.