SHAKTI KUMAR PATHAK Vs. RATTAN LAL SHARMA

JUDGEMENT

(1.) IN invoking the provisions of Section 561 -A Cr.P.C, the petitioner, Shakti Kumar Pathak has sought quashment of criminal proceedings initiated against him by the Court of learned Sub -Judge, Judicial Magistrate Ist Class, Katra, on a complaint filed by the respondent, Rattan Lal Sharma.

(2.) THE factual matrix giving rise to the proceedings may be stated thus;

(3.) IT is further alleged that the petitioner alongwith another accused came in the Shop of the complainant and took him to the Police Station, Bhawan, and gave a beating with fists and legs. The accused further stated to have told the complainant of taking the monthly payment form all the shop keepers at Bhawan and demanded Rs. 50,000/ - per month from him also, and in case of default sell the goods on no profit, no loss basis to which he replied that the license fees of Rupees One lac daily is paid by the Proprietor to the Shrine Board. The complainant further stated that when the goods are purchased from the market and 65 employees working in the shop are also paid their salary then how the goods could be sold on no profit and no loss basis. The accused, however, when not satisfied by his reply again bet him and started calling bad abuses to the complainant and Proprietor of the shop in starting that when his Proprietor can pay Rs. 50 lacs as income tax to the Government, why cannot he pay Rs. 50,000/ - each to the accused persons. The complainant further stated that he was kept in wrongful confinement for six hours by the accused in the Police Station Bhawan without any justification who also gave beating, threatened and terrorized him which led him to file complaint in the Court of learned Sub -Judge, Judicial Magistrate, Ist Class, Katra. The learned Magistrate after perusing allegations made in the complaint and recording the preliminary statements of the complainant and his witness took cognizance for the offences under Sections 347/352/504/427 RPC against him on 9.4.2004 alone and dismissed the complaint against Sh. Shiv Singh, S.D.M. Bhawan, accused No. 2, for want of prima -facie evidence of his involvement in the case.