MOKHTAR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two petitioners herein who along with another have been arrayed as accused in Complaint Case No. 1030 (C) of 2006 under Sections 147, 148, 149, 420, 379/34 I.P.C. as also Section 27 of Arms Act have prayed for the quashing of the complaint case pending in the Court of Sri Alok Raj, Judicial Magistrate, 1st Class, Nalanda at Biharsharif.

(2.) According to Doman Yadav, the complainant of the said complaint case, while he at around 5 P.M. of 22.9.2006 was going from his shop he saw the three named accused along with 5 unknown others and as soon as he reahced near them petitioner No.1 inquired from him as to why he had given a legal notice and when he justified his sending of the notice he was surrounded by the accused persons and though they fired upon him he escaped providentially. It was also alleged that petitioner No.1 had taken Rs. 50,000/- from the complainant and accused Sonu had snatched his gold chain whereas petitioner No.2 snatched his Kohinoor wrist watch. The reason for the occurrence is said to be that on 5.11.2003 Md. Sonu had taken Rs. two lacs as loan from the complainant for which petitioner No.2, brother of petitioner No.1, had stood as guarantor.

(3.) It has been submitted by the learned counsel for the petitioners that they had not committed any offence and have been falsely implicated although no occurrence as alleged had taken place. It was also submitted that petitioner no.1 is businessman and has no connection whatsoever with Md. Sonu who is alleged to have taken the loan from the complainant. In respect of petitioner No.2 it was sought to be submitted that he was in judicial custody in connection with Koderma P.S. Case No. 374 of 2005 at the relevant time which would be apparent from the order sheet appended to this application as Annexure 2 series. It was also sought to be submitted that from perusal of the recital in the complaint petition it would be crystal clear that the instant case had been filed only to put pressure for realising the amount of money from Sonu and avoiding the filing of a civil suit for such recovery.