RAMESH KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed under Section 482 of the Cr.P.C. by the petitioners who were at the relevant time posted as Commercial Taxes Officer, Tenughat Circle at Phusro and Hazaribagh Division at Hazaribagh under Government of Bihar for quashing of the proceeding of Complaint Case No. 33 of 1997 including the order dated 24-2-1998 passed therein by Sri J. P. Singh, Judicial Magistrate, 1st Class, Barmo at Tenughat whereby and whereunder the cognizance for the offence under Sections 385, 448, 342, I.P.C. has been taken against the petitioners and summons were issued against them for their trial.

(2.) The facts giving rise to this application are as follows :- O.P. No. 2, Om Prakash Keshri filed a complaint case bearing Complaint Case No. 33 of 1997 on 24-2-1997 against the petitioners regarding the alleged occurrence which is said to have taken place at 11.00 A.M. on 18-9-1996 and continued till 8.00 A.M. on 19-9-1996 in the Court of Sri J.P. Mishra, the then Judicial Magistrate, 1st Class, Bermo at Tenughat, Bokaro and the complainant was examined on S.A. and an enquiry was conducted under Section 202, Cr.P.C. and six witnesses were examined in the said enquiry and finding a prima facie case having been made out and reliance having been placed upon case of Smt. Pratibha Sinha v. State of Bihar, (1994 (1) PLJR 642 and N. C. Dhoundial v. State of Bihar, 1997 (2) PLJR 754) that there being no reasonable connection between the act complained of and discharge of duty by the petitioners, the acts of the petitioners cannot be said to have relation with their official duties and they were summoned for trial.

(3.) It has been averred in the petition of complaint that O.P. No. 2 is the proprietor of the food grains shop at Tand Balidih P. S. Jaridih, District Bokaro and he runs the business of food grain and his full brother Jai Prakash Keshri is the proprietor of food grain business known as M/s. Shyam Bhandar at Tand Balidih and all the petitioners came to the shop of Jai Prakash Keshri at 11.00 A.M. on 18-9-1996 and finding the shop closed came to the shop of the complainant and enquired from him as to why the shop of Jai Prakash Keshri was closed and they were told that Jai Prakash Keshri has gone out of station and the petitioners insisted O.P. No. 2 to open the shop of his brother Jai Prakash Keshri and on his refusal they threatened him and took some documents from his shop and asked him to open the shop of his brother failing which he shall be arrested and finding no way out O.P. No. 2 went to the house of his brother and informed the wife of his brother and demanded the key from her of the said shop, i.e., M/s. Shyam Bhandar which was refused. It is alleged that when the refusal was communicated to the petitioners by O.P. No. 2 they entered into the house of Jai Prakash Keshri and threatened his wife as a result of which the key of the shop, i.e., M/s. Shyam Bhandar was handed over to them. It is also alleged that the petitioners again came to the shop of O.P. No. 2 along with books of accounts and other paperS from the shop of Jai Prakash Keshri and asked O.P. No. 2 to sign some blank papers and on his refusal they forcibly obtained his signature on two blank papers and also forcibly brought O.P. No. 2 in a vehicle to the Sales Tax Office at Phusro where he was wrongfully confined in a room for the whole night. It is also alleged that O.P. No. 2 was threatened to sign on several blank papers failing which he will be beaten and cases will be instituted against him and his brother and they forcibly obtained his signature on 10 or 12 blank papers at extreme (sic) form of the said papers and thereafter he was allowed to go and further an illegal gratification of Rs. 50,000.00 was also demanded. It is also alleged that the petitioners have used some of the aforesaid blank paper containing the signature of O.P. No. 2 as seizure memos and show cause notices on him and his brother which were served on his brother on 20-9-1996 and O.P. No. 2 informed the Deputy Commissioner of Commercial Taxes (Administration), Hazaribagh Division, Hazaribagh as well as Tenughat Circle, Phusro through registered letter on 21-9-1996 and also to the officer-in-charge, Jaridih P. S. It is also alleged that when no action was taken by O/C Jaridih P. S., this complaint petition was lodged against the petitioners.