TUNG NATH OJHA Vs. HAJI NASIRUDDIN KHAN

JUDGEMENT

(1.) Petitioner-Tung Nath Ojha has come to this Court against the order dated 17-2-1984 passed by the learned Chief Judicial Magistrate, Bhagalpur, taking cognizance of the offences under Ss.347, 386 and 389 of the I.P.C.

(2.) A complaint is said to have been filed on 24-10-1983 in the court of the learned Chief Judicial Magistrate, by one Haji Nasiruddin Khan (opposite-party) that the petitioner while posted as Sub Inspector of Police at Pirpaiti police-station came to the shop of the complainant and asked him to accompany to his godown of leather in connection with certain enquiry; that when he came out he found seven persons in the custody of the police including the servant of his nephew Badrul Hassan and then went to the leather godown of one Haji Jallaluddin, brother of the complainant; that thereafter the petitioner asked the complainant and his brother to accompany him to the police station; that while the complainant's brother was on the way to the police-station, the petitioner demanded one lakh rupees from them and threatened that on failure to do so they would be roped and handcuffed, that the complainant could anyhow arrange with real difficulty and paid a sum of Rs. 55,000.00/- whereupon they were let off. It was further said that on 5-10-1983 the Superintendent of Police called him and then on his assurance he disclosed this incident to him whereupon the statement of the complainant was recorded and he asked the complainant to tell the petitioner that in case the petitioner did not return the money to him, he (complainant) would file complaint against him (petitioner). The complainant asked the petitioner to refund his amount but the petitioner did not return the money in spite of the requests made by him. Thereafter the complainant filed the complaint.

(3.) The complainant was examined on 1-11-1983 and then his complaint was also sent to the Superintendent of Police, Bhagalpur, for enquiry and submission of report. The order-sheet dated 13-2-1984 shows that the report of the Superintendent of Police was received and the counsel for the parties were heard and 17-2-1984 was fixed the next date. On the said fixed date the learned Chief Judicial Magistrate looked into the complaint, statements on solemn affirmation and the enquiry report and thereafter found a prima facie case against the petitioner u/Ss. 347 386 and 389 of the I.P.C. (for short I.P.C.) and took cognizance of the said offences and transferred the case to the court of the Sub-divisional Judicial Magistrate, Bhagalpur.