SATISH CHANDRA SINHA Vs. RAM SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 29-4-1987 passed by the Judicial Magistrate, Bhabhua Complaint Case No. 412 (C) of 1984 by which he has ordered for framing of charge against the petitioners under Sec. 380 of the Indian Penal Code.

(2.) The facts leading to this case are that a complaint petition was filed by the opposite party against the petitioner stating, inter alia, that the petitioners on 19-10-1984 along with some persons came to his house situated in Ramgarh Bazar and forcibly took away P.V.C. wire measuring 30 feet, L.T. Starter 2(pc) and Kitkat Pure 30 mp. worth is. 1300/- without his consent. It was- further stated that the complaintant had decided to operate ice factory in his house and for that purpose he has purchased a machine besides starter and Kitkat but by then the electric connection was not taken. It was further stated that the petitioners had been demanding Rs. 1,000/- as bribe and when the complainant refused it then they filed a police case against the complainant.

(3.) On the other hand the petitioner's case is that the said complaint case is a counter blast of the police case filed against the complainant-opposite party by the petitioners in the capacity of public servant. In the police case it was stated, inter alia, that petitioner No. 1, Kumar Satish Chandra Sinha, Assistant Electrical Engineer posted at Electric Supply Sub-Divisional at Mohania, on secret information along with Shiva Shankar, Deputy Superintendent of Police and Shri Bigu Singh, Assistant Electrical Engineer, both posted at Special Cell, Crime Investigation Department, Patna and others, went to Ramgarh Bazar on 19-10-1984 at 11 A.M. to raid the house of Mahesh Singh were the complainant had installed and was running an ice factory without having proper electrict connection though direct connection from the pole by means of wire and thereby they were causing loss of Rs. 20,000/- per month to the Electricity Board. It was further alleged that the complainant has also installed an electric meter of 5 H.P. The raiding party seized the electric wire etc. and prepared a seizure list in presence of the party as no local witness was available. They also made an enquiry about one Vijay Kumar Singh in whose name the ice factory was installed but he could not be traced out. The written report was accordingly submitted to the police at 6 P.M. on 19-10-1984 by petitioner No. 1 and a case was registered against one the owner of the premises and the police also arrested one Shri Ram Singh, the son of the owner of the house in which the factory is alleged to have been running.