PEERZADA MOHAMMAD MUZAFFAR Vs. A B RASHID RATHER

JUDGEMENT

(1.) ORDER :- This is an application under Section 561-A Criminal Procedure Code for quashing the proceedings of a criminal Case No. 42/A titled Abdul Rashid Rather v. Muzaffar Ahmad Shah, Executive Engineer, Left River Circular Road Division, Srinagar. These proceedings have been initiated against the petition by the complaint alleged to have been filed by the non-applicants/respondents before me as complainant in the court of Judicial Magistrate, 1st Class, Vailoo under Sections 420, 506, 161 RPC.

(2.) The allegations mentioned in the complaint against the accused/petitioner before me make out a case prima facie of which cognizance seems to have been taken by the Judicial Magistrate, who issued the process against the person of Muzaffar Ahmad Shah petitioner and one Moti Lal Raina, Camp Clerk, Public Works Division, Daksum.

(3.) The averments made in the complaint are specific and allegations made therein are that the complainants were allotted some work in the area which they completed, but the accused No. 1 i.e. petitioner before me asked and received Rs. 2000/- as illegal bribe and four tins of edible oil and three quintals of rice. Similarly accused No. 2 had taken Rs. 1500/- from them. After the complainant party completed the work, they asked the petitioner/accused No. 1 to pass the bill of payment and to check the work on spot and for this the Executive Engineer asked for Rs. 2000/- more as illegal gratification. When the complainant did not do so, the accused hurled threats on them and also allege the complainants were deceived by the accused-party and soon.