SANT SHEVAK PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS is an application for quashing the entire criminal proceeding including the cognizance taken against the petitioners under Sections 323/341/447/420 and 384 of the Indian Penal Code on 21.4.2006 in Complaint Case No. CR 10/06 TR 1771/ 06 filed before the 1st Class Judicial Magistrate, Dalsinghsarai, District -Samastipur.

(3.) THE complaint petition is Annexure - '2 '. It has been alleged in the complaint petition that accused no. 1 got illegally three kathas of land, in which the complainant has also got his right over 10 dhoors of land in the names of his three sons. It has also been alleged that on 8.1.2006 at 7 A.M. when the complainant went to irrigate potato field then, accused no. 1 objected but the complainant did not get ready whereupon the accused no. 1 went back to his house and thereafter he along with others came again and assaulted the complainant by fists and slaps. In the mean time, accused no. 1 abusing the complainant ordered to get signature on the stamp paper whereupon the accused no. 2 took the stamp paper of Rs. 100.00 from his pocket and handed over the same to the accused no. 3. Thereafter accused no. 3 asked the complainant for making his signature for which the complainant did not agree. Then accused no. 4 took out a dagger and threatened the complainant that he would commit his murder if he would not sign on the stamp paper. Thereafter the complainant made his signature on the stamp paper. After taking the signature of the complainant on the stamp paper, accused no. 3 handed over the same to accused no. 2 who kept the same in his pocket.