TARKESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Umesh Chandra Verma, learned counsel for the petitioners, Sri R.S. Chaudhary, learned Addl. Public Prosecutor as well as learned counsel, who has appeared on behalf of the complainant/Opp.Party no.2.

(2.) Three petitioners, invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 07.12.2004 passed by Shri R.C. Malviya, learned Judicial Magistrate, Bettiah, West Champaran in Complaint Case No.74C of 2002, Tr. No.1603/2007. By the said order, after conducting enquiry, the learned Magistrate was prima facie satisfied that offence under Section 363 of the Indian Penal Code was made out and directed for issuance of process for securing attendance of accused persons.

(3.) Short fact of the case is that the complainant, who is victim of the case, had filed a complaint in the court of learned Chief Judicial Magistrate, Bettiah on 08.01.2002 disclosing therein that for obtaining ransom amount of Rs.1.5 Lakhs, he was forcibly kidnapped by accused persons. In the complaint petition, there is specific statement showing that the complainant was kidnapped by all the three petitioners besides other accused persons. It has also been disclosed that only after payment of Rs. 1 Lakh, which has been paid by brother of the complainant, the complainant was released. Subsequently complaint petition was filed. After filing the complaint petition, enquiry was conducted and the learned Magistrate being satisfied with the case has passed order of cognizance.