NAVIN KUMAR @ NABIN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two FIR named accused of Asthawan (Bind) P.S. Case No. 164 of 2005 arising out of Complaint Case No. 853 (C) of 2005 have prayed for quashing of the order dated 12.12.2007 passed therein by Sri Manoj Kumar, Judicial Magistrate, 1st Class, Biharsharif, whereby differing with the police report he has taken cognizance for commission of offences under Sections 392 and 387/34 IPC.

(2.) ONE Dharmendra Prasad, impleaded herein as O.P. No. 2, filed Complaint Case No. 853(C) of 2005 against the two petitioners alleging commission of offences under Sections 392 and 387 IPC at their hands in between 11 A.M. and 7.30 P.M. on 10.8.2005. The said complaint on being transmitted to the concerned P.S. under Section 156(3) Cr.P.C. the instant Asthawan P.S. case came to be registered. According to the informant he was a teacher in Middle School, Tiuri, and he was living along with his wife and children at Biharsharif whereas his parents were living at the ancestral village and his two brothers were in service at Bangalore. It is alleged that Navin Kumar, petitioner No. 1, went to his parents of the informant and threatened them to part with Rs. one lac as rangdari and in the event of failure to pay they were threatened with dire consequences. It is further alleged that at about 7.30 P.M. on 10.8.2005 while the informant on his motorcycle was enroute to his village to meet his parents and had reached Jakhaur More, petitioner No. 1 signalled him to stop. Petitioner No. 1 at the relevant time was accompanied by petitioner No. 2 and two others and it is alleged that both the petitioners ordered the informant to part with whatever money he had and when the informant refused to comply petitioner No. 1 allegedly took out his pistols and slamming it against the head of the informant and while threatening to kill him took away Rs. 5000/ - from his pocket and directed him to pay the reaming Rs. 95,000/ - at the earliest and also threatened him and his parents with dire consequences in the event of non payment. Navin also admitted of having threatened his parents earlier in the day. It is stated that in the meantime seeing a motorcycle coming from Jakhaur More side the accused persons fled away. It is said that co -villager Shailendra Kumar was on the motorcycle and had identified the accused in the light of the motorcycle. On reaching home he was informed by his parents of Navin Kumar having threatened them for payment of Rs. one lac. It is also alleged that on the following day he went to the concerned police station to lodge a case but in view of the police dilly dallying with the matter he was compelled to file the complaint.

(3.) I have perused the impugned order taking cognizance and it appears that the learned Magistrate while differing from the police report has placed reliance on paragraphs 2, 5, 7, 8 and 18 of the case diary.