RAM GOERKA Vs. SAMPAT RAJ

JUDGEMENT

(1.) This application by Shri Ram Goenka and his minor son Raj Kumar Goenka is directed against an order dated the 25th September, 1974, passed by the Chief Judicial Magistrate, Samastipur, in G.R. Case No. 1816 of 1974/T. R. 3415 of 1974. By this order cognizance was taken against the petitioners of the offence under section 392 of the Indian Penal Code.

(2.) On the 17th August, 1974, a petition of complaint was filed by opposite party Sampat Raj against the petitioners and one Sanwarmal Goenka alleging, inter alia, that the complainant had gone to Samastipur Court for the verification of a sale-deed and thereafter he went to the saw mill of one Topan Das for purchasing wood. He had with him a sura of Rs. 3000. The petitioners as well as Sanwarmal Goenka are alleged to have stopped the complainant on the road and threatened him with dire consequences because he had demanded a sum of Rs. 1,150 as his dues from the petitioners in presence of many persons. Petitioner No. 2 Raj Kumar Goenka alias Raju came down from the rickshaw and pointed an iron-rod at the face of the complainant and Sanwarmal forcibly snatched the bag containing Rs. 3,000. Thereafter, petitioner No. 2 Raj Kumar Goenka is said to have hit the complainant with the iron-rod due to which he sustained some injury and began to cry. It was alleged that the petitioners had done this with the intention to kill the complainant and rob him of the money. The complainant was also the eatened that if he informed anybody about the incident, he would be killed.

(3.) It appears that the complainant was not examined on solemn affirmation on that day nor any medical certificate was filed showing any injury. On 29.8.74, a petition seems to have been filed by the complainant stating, inter alia, that the petitioners and the complainant were neighbours and relations, close kith and kins and good feelings had been restored between them and, therefore, the complainant opposite-party did not like to proceed with the case or to adduce any evidence against them. It was further stated that the petitioners had been made accused due to misunderstanding and misguidance. The petition was ordered to be put up on the date fixed. On 25.9.74, the complainant appeared, filed an application along with a medical certificate and examined himself on solemn affirmation. The learned Chief Judicial Magistrate took cognizance against the petitioners under section 392 of the Indian Penal Code and transferred the case to Shri Jai Kishore Narayan, Judicial Magistrate, first class, for disposal.