NAVNIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State of Bihar and learned counsel for the respondent no.4.

(2.) The petitioners have preferred this application for quashing the First Information Report of Muffasil P.S. Case no.369 of 2017 (District East Champaran) registered under Sec. 420, 406, 504 and 506 of the Indian Penal Code.

(3.) A complaint was filed by the respondent no.4 in the Court of learned Chief Judicial Magistrate, Motihari, East Champaran against the petitioners-employees of Ascend Telecom Infrastructure Private Ltd. and two named employees of Kumar Infrastructure Private Ltd. As per the prosecution case, it was stated therein that for setting up of a tower, an agreement was entered into between the complainant (respondent no.4) and Ascend Telecom Infrastructure Private Ltd. according to which besides the rent for the land in question, a sum of Rs.2200.00 would be paid to the complainant. As per the complaint, it was further agreed upon that there would be a 20% increase in the monthly rent after three years. Payments were made to the complainant for one year in cash and in bank accounts. Later, Ascend Telecom Infrastructure Private Ltd. (hereinafter referred to as "the Company") entered into an agreement with Perfect Company through which it started to manage the tower. Thereafter the Company withdrew from Perfect Company and entered into another agreement for three months with Eklavya Company. Once again, the Company withdrew from Eklavya Company and entered into an agreement with Kumar Infrastructure Private Ltd. The complainant states that he started to get Rs.2600.00 per month for one year six months from Kumar Infrastructure Private Ltd. but thereafter is not receiving the said amount. Total dues is of Rs.85,000.00. On asking about his dues, it is stated that he was abused and threatened and the accused state that he has not been kept there as a caretaker. He is still working as a caretaker and on the site being down he starts getting phone calls on his mobile phone. He is still involved as a caretaker. A legal notice was sent by him for payment of his dues, however the accused persons did not pay any attention on the same. As the police personnel and police station refused to register a case, the complaint was filed.