NABAB ALI SON OF LATE MUNSHI KHAN AND ANR Vs. STATE OF BIHAR AND RAJ KISHORE SINGH SON OF LATE RAM EKBAL SINGH

JUDGEMENT

(1.) Three petitioners, who were at the relevant time Public Relation Officer, Foreman and Managing Director respectively in the Modi Industries Ltd., Modi Nagar, Gaziabad (U.P) have come before this Court , while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash the entire proceeding of Complaint Case No. 1076 of 2001 including the order dated 26.9.2001 passed by Sri S.C. Pathak, Judicial Magistrate, 1st Class, Siwan. By order dated 26.9.2001, the learned Magistrate has taken cognizance of offences under Sections 323, 341 and 386 of the Indian Penal Code against the petitioners.

(2.) Short fact of the case is that Opp. Party No. 2 filed a complaint in the court of the learned Chief Judicial Magistrate, Siwan, which was numbered as Complaint Case No. 1076 of 2001. In the complaint petition, it was disclosed that the complainant was working as Welder Gas Cutter in the Modi Steels Industries Ltd. Modi Nagar, Gaziabad (U.P.) (hereinafter referred to as the Company ) from 1975 to 1993 continuously. However, with effect from 23rd January 1993 the Company was closed and thereafter he returned back to his native place at Bihar and started living there. It was disclosed that on the date of occurrence, i.e. on 18.8.2001 the aforesaid accused persons arrived at the door of the complainant on a Marshall Vehicle. After noticing their arrival, the complainant allowed them to come inside the house and only thereafter accused persons told the complainant that he will get the entire dues if he puts his signature on different papers. It was asserted in the complaint petition that the complainant asked to first make payment and only thereafter he would put his signature .Thereafter petitioner No. 2 put a pistol on the temporal region of the complainant and by force and threat accused persons obtained signature of the complainant over 10-11 blank papers. Accused persons after abusing and giving threat to kill the complainant fled away having seen the witnesses. After filing of the complaint petition, the complainant was examined on S.A. and in support of the complaint case, witnesses were also examined during the enquiry and thereafter by the impugned order dated 26.9.2001, the learned Magistrate took cognizance of offences under Sections 323, 341 and 386 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, the petitioners approached this Court by filing the present petition. On 24.9.2002 while issuing notice to Opp. Party No. 2, this Court had directed that as an interim measure further proceedings before the trial court shall remain stayed until further orders of this Court. Subsequently, on 16.2.2004, the petition was admitted for hearing and it was directed that during the pendency of this application interim order passed on 24.9.2002 shall remain operative .The order of stay is still continuing.