MAKHAN LAL Vs. PALWINDER SINGH AND OTHERS

JUDGEMENT

(1.) Challenge in this appeal is the judgment dated 14.10.2011 passed by Sh. Karan Garg, Judicial Magistrate Ist Class, Bathinda, vide which the complaint filed by the appellant under Sections 499/500/342/383/389/323/167/166/506/120-B IPC, was dismissed.

(2.) Brief facts of the case are that complainant Makhan Lal made a complaint to the effect that he was having friendly relations with Vijay Kumar s/o Gora lal r/o 44 Bharat Nagar, Bathinda, who was running business of Bio Fertlizers under the name and style of M/s Mitsu Crop Sciences Pvt. Ltd. at 40 Road, Near Stadium, Bathinda. On 31.5.2006, the accused persons came to the godown of aforesaid Vijay Kumar for the checking of goods/stock lying in his godown which was locked and said Vijay Kumar was away to Chandigarh on that date. The accused persons contacted aforesaid Vijay Kumar on his mobile number, who told the accused persons that he is unable to come back from Chandigarh on the same day i.e. 31.5.2006 for the checking, but the accused persons directed him to hand over the keys of the godown for the checking. It is further stated that aforesaid Vijay Kumar having friendly relations with the complainant contacted the complainant on mobile and requested him to collect the keys of the godown from his house and to hand over the same to the accused persons for checking of godown of Vijay Kumar and the complainant under bona fide impression and having friendly relations with Vijay Kumar acceded to his request and went to the spot alongwith keys of the godown of Vijay Kumar and handed over the same to the accused persons, but the accused persons did not allow the complainant to leave, rather illegally and forcibly detained the complainant in the godown for about 5-6 hours. It is further stated that complainant told the accused persons that he has got no concern with the said godown and the firm M/s Mitsu Crop Sciences Pvt. Ltd, Bathinda, but he has been requested by Vijay Kumar to hand over the keys of the godown to the accused persons, but they did not pay any heed to the request of the complainant rather kept him in illegal confinement for a period of about 5-6 house during the alleged checking. The complainant also requested that he is neither proprietor nor partner or even employee of the said firm and when complainant tried to freed himself, both the accused Nos. 2 and 3 caught hold the complainant from his arms, whereas accused No. 1 gave slap and kicks to complainant on his cheeks and abdomen and also threatened that in case he tried to go, they will implicate him in some false criminal case and forced the complainant to remain there, illegally and against law by misusing their official powers. It is further stated that the complainant requested them to talk with aforesaid Vijay Kumar on his mobile number, the accused persons contacted said Vijay Kumar and demanded a sum of Rs. 50,000/- as illegal gratification from him for not taking any action against him. It is further averred that when the complainant refused to pay anything, the accused persons threatened the complainant to implicate him in a false case under Section 420 IPC and Fertilizer Control Act/Order and put the complainant in fear of accusation of alleged offence with ulterior motive to extort money from the complainant. Complainant further averred that when he requested the accused persons that he has no money to pay nor he is liable to pay any alleged amount, on this the accused No.2 caught hold the complainant from his arm and accused No.3 illegally took the purse of the complainant from his pocket and removed an amount of Rs. 1,000/- from the purse and further accused No. 1 also illegally snatched Rs. 500/- from the upper pocket of shirt of the complainant and all the three accused divided the said amount in equal shares i.e. Rs. 500/- each and then asked the complainant to go and also threatened the complainant with dire consequences, in case the complainant told anyone about the incident. It is further averred that the accused persons got lodged case FIR No. 330 dated 4.6.2006 under Section 420 IPC and Section 7 E.C. Act in Police Station Kotwali, Bathinda against the complainant and the complainant has been falsely implicated in the above noted case by the accused persons. It is further alleged that due to false impllication of the complainant in the above said case, the reputation of the complainant has been maligned in the eyes of relatives, respectable, general public etc. at large besides causing great harassment, humiliation, botheration, mental tension, agony and monetary loss due to the act of the accused persons, who have falsely implicated the complainant by mis-using their official powers. It is further alleged that wife of the complainant who is a patient of brain tumor also remained under depression due to false implication of the complainant in the above said case. The complainant requested to summon the accused persons under Sections 499, 500, 342, 383, 389, 323, 167, 166, 506, 120-B IPC and to try them for these offences. In preliminary evidence, complainant Makhan Lal himself appeared as CW-1 and examined CW-2 Arwinder Singh Clerk, CW-3 HC Jagrup Singh, CW-4 Vijay Kumar and closed the preliminary evidence.

(3.) After perusal of the preliminary evidence, learned trial Court came to the conclusion that complainant has prima facie failed to make out any case against the accused persons. Consequently, the complaint was dismissed vide judgment dated 14.10.2011.