RAMCHANDRA PANDEY Vs. SHYAM SUNDER PRASAD

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) By this application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code), the petitioners have prayed for quashing the entire criminal prosecution launched against them, including the order taking cognizance dated 30th May, 1995, by which processes have been issued against the petitioners for the offence punishable under Sections 323, 452, 380 and 504 of the Indian Penal Code in Complaint Case No. 68 of 1994.

(3.) The short facts giving rise to this application are as follows: - The opposite party No. 1 (complainant) filed a petition of complaint in the Court of Additional Chief Judicial Magistrate, Kodarma, on 22-3-1994 stating therein, inter alia, that on 5th March, 1994 at about 4.30 p.m. while he alongwith his brothers Sanjay Kumar and Kamal Kishore Prasad were sitting in his medical shop, the accused persons (the petitioners) trespassed into his shop and asked the complainant why he is not repaying the bank loan and when it was humbly replied by the complainant that the same shall be paid, the accused persons (petitioners) became angry and abused the complainant and his brothers and threatened them. Again on 10th March, 1994, at about 10 a.m. while the complainant was in his medical shop, accused petitioner No. 3 B.N. came there and purchased medicines worth Rs. 100/- and when he demanded the money for the medicines, it infuriated accused petitioner B.N. Singh and he accordingly threatened the complainant and on the same day in the evening at about 5 p.m. all the accused persons came to his shop on a jeep, where accused petitioner Nos. 3 and 4 were armed with guns and they trespassed into his shop and started abusing them and one of the accused persons dragged the complainant to his jeep and asked him to board the jeep. Accused petitioner No. 2 took away cash box from the shop containing a sum of Rs. 500/-. On hulla several persons had collected near the shop, as a sequel of that the accused petitioners retreated with cash box.