(1.) Heard learned counsel for the petitioners and learned APP for the State.
(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 29.01.2018/17/02/2018 passed by learned J.M. 1st Class, Patna in Kotwali P.S. Case No. 188/16, G.R. No. 2590 of 2016 and revisional order dated 20.11.2018 passed by 10th Additional Sessions Judge, Patna in Criminal Revision No. 113 of 2018, whereby the learned Magistrate rejected the discharge petition of the petitioners which was affirmed by the learned Revisional Court.
(3.) Factual matrix of the case is that Kotwali P.S. Case No. 188 of 2016 was instituted under Sections 341, 323, 379, 504 and 506/34 of the Indian Penal Code against the petitioners on the basis of written report of contractor Uday Shankar Pandey with the allegation, in succinct that the informant is a contractor in the Bihar State Tourism Development Corporation Ltd. He has carried out the work related to suspension bridge, boundary wall, toilet block ticket counter and external electricity works etc. at Kunda area, Rajgir. After completion of work, he submitted application for return of his earnest money and security deposit, but the petitioners started demanding graft in lieu of releases of the aforesaid amount despite signature of Chief Engineer and Executive Engineer on the file. On informing the petitioners about making complain to the Secretary of the Department for their misdeed, petitioners misbehaved with him and tried to snatch his application and assaulted him and snatched his chain and took out his purse containing Rs. 2-3 thousand and also extended threatening of dire consequences.