USHA DEVI Vs. STATE

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Cr.P.C. has been preferred with the following prayer:-

(2.) Brief facts of the case as the pleaded facts, and the record would reveal are that the private respondent, Rahul S/o Bhagchand, lodged an F.I.R. bearing No. 82/2016, alleging therein that he is a partner in M/s Maruti Mineral and Chemical, in which the petitioner no. 1, Usha Devi Jain was also a partner; financial dealings thereof were between Usha Jain and Smt. Pushpa Jain (mother of the complainant); Pushpa Jain, fell into dispute as a result of which a suit was filed before the concerned Court. It was further alleged that the petitioner no. 1 proposed to withdraw the said suit if a sum of Rs.17.00 lacs is paid to her and shall also sign the retirement-deed as partner of the said Firm, to which the complainant acquiesced and complied with. It was, however, further alleged that at a subsequent stage, the present petitioners made an additional demand of Rs.50.00 lacs from the complainant; upon refusal whereof, the present petitioners threatened him and was made to resign from the said Firm by the complainant, by concealment of a certain mining lease, which was in favour of the said firm.

(3.) At the outset, learned Public Prosecutor submitted that the charge-sheet, against the present petitioners, has been filed and the offences under Ss. 420 and 384 I.P.C. were found to be made out, and that on 22/8/2016 the said charge-sheet was produced before the learned Chief Judicial Magistrate, Rajsamand. In support of the same, the learned Public Prosecutor produced a copy of the factual report, dtd. 11/9/2022, issued by the Police Station, Kankaroli, Dist. Rajsamand; the same is taken on record.