SANJAY SONI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. appearing for of State. No one appeared on behalf of O.P.No.2.

(2.) This application has been filed under Section 482 of the Code of Criminal Procedure to quash the order dated 09.05.2011 passed in Complaint Case No. 233 (C) of 2005, whereunder the learned Judicial Magistrate, 1st Class, Saharsa summoned the accused petitioner, out of five accused named in the complaint petition, on enquiry, under Section 204 of the Cr.P.C. finding prima facie case under Section 506 of the Indian Penal Code.

(3.) The facts leading to this application are that O.P. No.2 Anil Kumar Gupta filed Complaint Case No. 233 of 2005 against the petitioner and four others named in the Complaint petition with contention that he is convener of "Abhikram Saharsa" NGO, which is registered under the government of Bihar. On 12.12.2004, a news was published in the daily Newspaper Dainik Jagran to the effect that in the meeting of D.R.D.A under the Chairmanship of Deputy Development Commissioner a decision has been taken to put the "Abhikram Saharsa" NGO in black-list, while no meeting of DRDA was held on 12.12.2004 nor any proposal was made to put the "Abhikram Saharsa" NGO in black list. Again, on 05.12.2004 the said news was published in Dainik Jagran to the effect that "Abhikram Saharsa" NGO has been put in black list. Due to publication of the aforesaid news, petitioner being the coordinator of "Abhikram Saharsa" NGO, was defamed in the society and several government offices refused to cooperate the "Abhikram Saharsa" NGO. After knowing the real facts one Rajesh Kumar cleared the air by swearing an affidavit that the said news was published under the conspiracy of Sanjay Soni (Petitioner) and others. Thereafter, petitioner and one Kamran Hasmi, In-charge of office, started to give threatening and they also abused the O.P. No.2 and petitioner also gave threatening to him to implicate him in rape case.