MUKUL WASNIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned A.P.P. for the State and Mr. Anish Kumar, learned counsel for the Opposite Party No. 2.

(2.) The present application has been filed by the petitioner under Sec. 482 of the Code of Criminal Procedure, 1973 for the following relief:

(3.) As per the complaint, the Opposite Party No. 2 is alleged to have filed Complaint Case No. 3134 of 2010 on 22/6/2007 against the petitioner and seven others in which it was alleged that a photograph of a political leader was published in the local newspaper showing her as goddess Durga which had hurt the sentiments of Hindus in general and the Opposite Party No. 2 in particular. It was further stated that the said complaint was initially dismissed by the concerned court and in the revision filed against the same, notice was issued against the accused. His further narration is that one of the accused called the Opposite Party No. 2 at her residence and in the presence of learned counsel got him to talk to the other accused and all assured that if he withdrew the complaint, he would be given a Congress ticket for the Kanti Assembly constituency or any other constituency in the district of Muzaffarpur. It was further alleged that a written agreement was also given to the Opposite Party No. 2 which was signed by all the accused and he was asked to handover his bio-data which he did at Delhi and he was assured of the ticket, and he was asked to return the signed agreement which he did. It is alleged that later on the ticket for Kanti Assembly was not given to him and when the Opposite Party No. 2 contacted the accused, he was asked for Rs.15.00 Lakhs for getting the ticket and thereafter he was mishandled and thrown out from their house by the Special Protection Group. It was further alleged that when the Opposite Party No. 2 went to the house of one of the accused (not the petitioner), he was abused and wrongly confined and his signature was obtained on two blank papers and in this episode, Rs.3,000.00 cash fell from his pocket.