B K DEY Vs. P APPA RAO

JUDGEMENT

(1.) The present application has been filed for quashing the entire criminal prosecution under Sections 348, 500/34 of the Indian Penal Code including the order taking cognizance dated 7.1.1998 in Complaint Case No. C/1 Case No. 571 of 1997 passed by Sri K.K. Singh, Judicial Magistrate, Jamshedpur, whereby he took cognizance against the petitioners under the aforesaid counts.

(2.) The complainant/opposite party No. 1 has filed a complaint case against the petitioners stating therein that on 8.10.1996 when he was on duty, the petitioner No. 6 Bindhya Chal Singh asked him to come to I.D.S. officer along with his scooter bearing No. BR-16F-0405 and when he went to the I.D.S. office the petitioners charged him of theft of Company properties to which the informant pleaded his innocence. A domestic inquiry was also held, which was concluded on 4.7.1997 in respect of the alleged theft committed by the complainant. In course of enquiry the charge sheet was given to the complainant on 1.11.1996 and the enquiry concluded on 24.11.1997, which was one sided. The complainant claimed that he had no personal knowledge that from where the so called Tradle Value came from as those tradle values are used in Forge Division which is at a distance of 1/2 kilometre from the place where the complainant was posted. It is alleged that the petitioners forced the complainant to sign few papers of which the complainant had no knowledge and he was not allowed to leave the I.D.S. office for about 5 to 6 hours and was confined in the room by the petitioners where he was coerced and threatened to sign some papers which were prepared by the Security Incharge. The complainant has also alleged that the inquiry was not conducted in fair manner and the petitioners spread a false rumour in the company and amongst the co-workers that the complainant is a "thief" on account of which the complainant and his family members suffered loss of prestige. It was, therefore, prayed to the Court to take cognizance under Sections 348, 500/34 of the Indian Penal Code against the petitioners.

(3.) An inquiry under Section 202 of the Code of Criminal Procedure was conducted by Sri K.K. Singh, Judicial Magistrate, Jamshedpur, who took cognizance in the case under Sections 348, 500/34 of the Indian Penal Code and passed order for issuing summonses upon the petitioners.