MD ADIL @ ADIL AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing for opposite party no. 2.

(2.) The present application has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) for quashing of the order dated 17.03.2009, passed by Sri Amit Raj, learned Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 3050/2008 whereby and whereunder cognizance has been taken against the petitioner for the offences punishable under Sections 323, 341, 406, 120-B of the Indian Penal Code and summons have been issued to the petitioner and other accused persons.

(3.) The genesis of the complaint case filed by the complainant Jainandan Shah is that he was a wholesale merchant of tobacco having his shop at Bihta Kothi, Railway Line Road, Jakkanpur, Patna. He used to supply tobacco to the retailers, petitioner being one of them. The other two co-accused Shyam Lal and Ramji Prasad were also retailers. The complainant alleged that in lieu of supply of tobacco a sum of Rs. 40,000/- was due against the petitioner and from Shyam Lal and Ramji Prasad Rs. 90,244/- and 18,480 respectively, was due. It is further alleged that on 09.11.2008 at about 11.00 A.M., petitioner along with two co-accused called the complainant through witness Sanjay Kumar to take the money due. When the complainant went there, the petitioner and two co-accused refused to re-pay the due amount, assaulted him and forcibly took Rs. 980/- from his pocket. A complaint was, thus, lodged on 10.11.2008 before the learned Chief Judicial Magistrate, Patna, who made over the case under Section 192 of the Cr.P.C. to the Court of Sri Amit Raj, learned Judicial Magistrate, 1st Class, Patna, who pursuant to recording of statement of the complainant on oath and examination of witnesses under Section 202 Cr.P.C. ordered for issuance of process under Section 204 Cr.P.C. while taking cognizance against the petitioner, which order is under challenge before this Court.