SANJAY SINGH @ HARENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner/accused has challenged order dated 19.04.2010 whereby and whereunder he has been summoned to face trial for an offence punishable under Section 420, 406 IPC by Sri Ashutosh Kumar, Judicial Magistrate, 1st Class, Bhojpur at Ara in Complaint Case No.1333(C) of 2009, Trial No.4087 of 2010.

(2.) Opposite Party No.2, Ajit Kumar Singh alias Guddu filed complaint petition before Chief Judicial Magistrate, Bhojpur at Arrah disclosing therein that he developed intimacy with accused Dr. Sanjay Singh @ Harendra Singh on account of having his cloth shop adjacent to clinic of accused Dr. Sanjay Singh, at Rajpur Bazar. It has further been disclosed that complainant happens to be unemployed educated person and on account thereof, was filing forms concerning notified vacancy. Taking this event as an opportunity, accused allured him to pay Rs.2,50,000/ - in order to get him employed at Bokaro Steel City at the instance of Ram Bilash Paswan, with whom, he was in direct contact. Putting belief on assurance of accused, he paid Rs.2,50,000/ - in different installments. Then, thereafter, accused had directed him to furnish photo as well as relevant certificates. Accused also took him away to Bokaro Company in order to cast further belief. However, complainant did not get service and so, he began to demand refund. In the aforesaid background on 28.06.2009 when he gone to the place of accused, his wife and two unknown persons abused as well as assaulted with fist and slap and further, refused to pay the amount.

(3.) The aforesaid compliant was transferred to the court of Magistrate under Section 192(2) of the Cr.P.C. for holding an inquiry under Section 202 Cr.P.C. and after concluding the same, vide order impugned took cognizance for an offence punishable under Section 420, 406 IPC and summoned the petitioner to face trial consequent thereupon, instant petition has been filed.