SHAMBHU PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, who is one of the F.I.R. named accused of Naugachhia P.S. Case No. 208 of 2006, has prayed for the quashing of the entire criminal proceedings as against him including the order dated 20.11.2006, passed by the learned Additional Chief Judicial Magistrate, Naugachhia, whereby the petition for his discharge alongwith others has been rejected and they have been directed to be physically present on 21.11.2006 for framing of charge to face the trial.

(2.) ONE Guddu Sharma, the informant, impleaded herein as O.P. No. 2, gave a typed information to the Deputy Inspector General of Police, Eastern Region, Bhagalpur, inter alia, alleging that one Anil Yadav, is running a 'Gunda Bank' in village -Noniapatti, which is managed by Gorelal Yadav, Prakash Yadav, Sunil Yadav, Satish Yadav and Mani Lal Yadav and Guddu Yadav and that the informant had taken a loan of Rs. 25000/ - on 24.11.2005 and a further amount of Rs. 25000/ - on 27.11.2005 and for this he was issued with a pass -book signed by the Manager of the Bank, Anil Yadav. It is alleged that the informant had returned all the money(Rs. 72000/ -) on different dates for which receipts have been issued under the signature of Mani Lal Yadav and notwithstanding the same the Manager of the 'Gunda Bank' is demanding Rs. 80000/ - for which people come from the said Bank everyday and keep abusing him and also threaten him with dire consequences. It is further alleged that Anil Yadav, Sunil Yadav, Satish Yadav, Mani Lal Yadav, Prakash Yadav and Guddu Yadav, forcibly obtained his signature on a blank stamp paper. It is stated that on 1.1.2006 the informant took a loan of Rs. 25000/ - from New Sheo Gauri Samiti Gunda Bank for which he was issued with a pass -book under the signature of its Manager, Sadanand Yadav. It is alleged that the principal amount of Rs. 20000/ - was returned on 1.2.2006 and a sum of Rs. 5000/ - was paid by way of interest upto May, 2006 and notwithstanding the same they were demanding a sum of Rs. 40000/ -on the calculation of Rs. 5/ - per Rs. 100/ - per day and if he failed to pay he would be killed. It is stated that the said Bank is a 'Gunda Bank' and is run by Sadanand Yadav, T.P. Yadav, Shambhu Paswan, Arun Yadav and Vikash Yadav.

(3.) IT has been submitted by the learned Counsel for the petitioner that although charge sheet was submitted on 24.7.2006, there is no specific allegation against the petitioner of his having either given the money or received the same from the informant. It has also been submitted that there is no allegation of any overt act having been committed by the petitioner or of his having abused or assaulted the informant or of his even having gone to the house of the informant in demand of the money. There is also no allegation against the petitioner of his having used force to take the signature of the informant on the blank stamp paper and in the F.I.R., apart from his name being merely mentioned no iota of evidence has been collected against him. It was further submitted that in the statement of the informant recorded under Section 164 Cr.P.C. on 4.7.2006, the petitioner has not been named. On the contrary, it has been submitted that the informant had unnecessarily dragged the name of the petitioner out of enmity as the petitioner had already filed a case under Sections 341, 323, 379, 504 and 427/34 I.P.C. on 23.5.2004 with the Gopalpur P.S. being Gopalpur P.S. Case No. 88 of 2004 against the informant's own uncle Mantoo Sharma and his other family members.