RAJENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four petitioners, who are Site Incharge, Kudankulam Nuclear Power Project, Tirunelveli, Tamil Nadu, Project Manager, Kudankulam, Tirunelveli, Tamil Nadu, Managing Director, Hindustan Construction Corporation and D.G.M., Hindustan Construction Corporation respectively, are before this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 2.4.2003 passed by Sub Divisional Judicial Magistrate, Begusarai in Complaint Case No.165C of 2003. By the said order, the learned Magistrate, while taking cognizance of offence under Sections 323 and 379 of the Indian Penal Code, has directed for issuance of process against the petitioner.

(2.) Short fact of the case is that opposite party no.2 claiming to be a Labour Contractor, filed a complaint in the court of Chief Judicial Magistrate, Begusarai, which was numbered as Complaint Case No.165C of 2003. In the complaint petition, it has been disclosed that the petitioners had executed some contract work and thereafter, about Rs.47 lakhs amount of complainant remained due. Subsequently, he returned back to his native place. It was alleged that on 6.2.2003, petitioner no.2 along with one person arrived the house of complainant and asked him to come to a particular place at Begusarai for receiving payment. It was alleged that when he visited the place as per direction of petitioner no.2, he witnessed that all the accused persons were present there. It was alleged that the accused persons putting the complainant in fear of pistol compelled him to put signature on two blank papers. It was further alleged that accused persons had assaulted the complainant through the butt of the pistol. It was also alleged that accused persons forcibly took Rs.1700/- from the pocket of the complainant. On such allegation, the complaint was filed and after conducting enquiry, the learned Magistrate, by the impugned order, has taken cognizance of offence under Sections 323 and 379 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, the petitioners approached this Court by filing the present petition. On 12.4.2004, while issuing notice to opposite party no.2, this Court directed that during the pendency of this application, proceeding of Complaint Case No.165C of 2003 pending in the court of Sub Divisional Judicial Magistrate, Begusarai shall remain stayed. Subsequently, on 18.11.2005, the case was admitted for hearing and it was directed that the interim order of stay granted on 12.4.2004 shall continue. The order of stay is still continuing.