MANOJ SAHU Vs. STATE OF BIHAR

JUDGEMENT

(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 06.02.2016 passed by Addl. Chief Judicial Magistrate-IV, Aurangabad in Complaint Case no. 842 of 2015, whereby the learned Magistrate has taken cognizance of the offence under Sections 323 and 504 of the Indian Penal Code against the petitioners.

(3.) Factual matrix of the case is that O.P. no. 2 Ramdhin Ram @ Ramdahin Ram filed Complaint Case no. 842 of 2015 against the petitioners with the allegation, in succinct, that O.P. No. 2 was Junior Technician (Mechanical) in Hofincons Industrial Services Pvt. Ltd. under Jindal Steel Power Ltd. (JSPL) situated at Kirorhi Nagar P.S. Kotra Road, DistrictRaigarh (Chhatisgarh) while the petitioners are working as Engineer, Administrative cum Account Officer and Manager, respectively, in the said company. The complainant abruptly fell ill on 02.05.2015 and he was treated in the hospital of the Company and when he recovered from the illness, he got fitness certificate on 09.05.2015, and when he tried to resume his job on 18.05.2015, the petitioner no. 2 asked the complainant to give in writing that he had taken leave on false ground and snatched his gate pass forcibly and also asked him to tender his resignation else he would be thrashed by the security guards. The complainant made complaint to the Labour Enforcement Officer, Raigarh regarding the aforesaid occurrence, but in vain rather he took favour of the petitioners. After the said occurrence, the complainant and his son Harendra Kumar proceeded to his village located at district Aurangabad by train on 25.05.2015 and when they alighted from the train at Anugrah Narayan station, the petitioners along with two other unknown persons surrounded them and petitioner no. 2 slated him by the name of his caste extending threatening of dismissal from his service. The two unknown miscreants tried to assault the complainant, but he was rescued by the locals. The complainant suspected his abduction and murder at the hands of the petitioners. Earlier to the complaint petition, the complainant had sent legal notice to the petitioners, but in vain.