BANWARI LAL Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) The present miscellaneous petition has been filed challenging the cognizance taken against the petitioner by the learned judicial Magistrate, Sri Vijaynagar by his order dated 16.3.2004 passed in Criminal Case No. 63/2004 for. the offences under Sections 384, 120-B I.P.C. as affirmed by the learned Additional Sessions Judge, Raisinghnagar by his order dated 5.10.2006 passed in Criminal Revision No. 27/2004.

(2.) Briefly stated, the facts, relevant and necessary for disposal of this miscellaneous petition, are set-out here in below. The complainant-respondent No. 2 Mangat Ram filed a complaint in the Court of the learned Judicial Magistrate, Raisinghnagar with the allegations that the complainant-respondent No. 2 used to work in the shop of Banwari Lal (petitioner herein). Petitioner Banwari Lal filed a false case of theft against the complainant and thereafter the petitioners Banwari Lal and Loku Ram went to the house of the complainant and told his family members that complainant Mangat Ram had been caught by the police in connection with theft and that a sum of Rs. 3,00,000.00 had to be paid by the parents of Mangat Ram so that he could be freed from the theft case. On this, the parents of Mangat Ram expressed their inability to pay the amount and they went to the Police Station, Sri Vijaynagar for meeting their son (the complainant-respondent No. 2) where the Station House Officer Taja Ram Sharma also threatened them and demandeo Rs. 3,00,000.00 for releasing their son. When the amount was not so paid, the petitioner Banwari Lal brought a blank stamp-paper and forcibly got the thumb impressions of father and other relatives of Mngat Ram on the blank document and also took away the papers of Khatedari land of the complainant's father with him. It is further alleged that thereafter the three accused executed a fraudulent agreement to sell of 5 bigha of land of complainant Mangat Ram's father in their favour.

(3.) The complainant was examined under Sec. 200 Crimial P.C. and thereafter the learned Magistrate sent the complaint for inquiry to the Deputy Superintendent of Police, Raisinghnagar, who inquired into the matter and submitted his report to the Court. A direction for further inquiry was made and on the report of further inquiry being received, the learned Magistrate has issued process against petitioner Banwari Lal for the offences under Sections 384 and 120-B I.P.C. vide impugned order dated 16.3.2004.