AKHTAR HUSSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed under Section 482 of the Code of Criminal Procedure (the Code) for quashing the entire criminal proceedings including the order taking, cognizance dated 14.9.2001 for the offences under Sections 406 and 384 of the Indian Penal Code.in connection with Complaint Case No. 118 of 2001/T.R.No. 918 of 2001 corresponding to Berma P.S. Case No. 60 of 2001 and the petitioners were summoned by the order impugned.

(2.) The allegation in brief as stated that the complainant- opposite party No. 2 along with his four brothers, the petitioners, decided to start oil Mill and it was agreed upon that all the brothers could invest equal amount for starting the Oil Mill. It was also agreed upon that if the entire money could not be deposited at one time by the brothers, it could be done by way of In stallement and accordingly all the brothers in cluding the petitioners deposited ;Rs.50,000/- each and they also deposited Rs. 40.000/- each thereafter and as such a total deposit of Rs.2,10,000/- was made and thereafter the oil Mill under the name and style of Janta Mill was started at Phusru It was also decided that the accounts wduld be finalised once in eveiy year and the profits would be equally shared among four brothers It further alleged that after 15 years of Opening of the Oil Mills, the complainant-opposite party No. 2 was only given a sum of Rs.1,000/- and on repeated request made by the opposite party for finalising the accounts, the petitioners/accused said to have Stated that the Mill was running at a loss and as such, the complainant asked for return of his share amounting to Rs. 2,10,000/- but the said amount was not paid It is further alleged that the complainant was asked to come home on 16.5.2001 for firialisation of the accounts and on this request, the complainant visited the house of the petitioners and it is alleged that all the petitioners started assaulting him after locking trie door and they also tried to kill him by pressing the neck. It is further alleged that Akhtar Hussain, one of the petitioner's, on the point of gun threatened him and also forced him to sign on white blank papers Accordingly, the complaint case was filed which was sent to the police station concerned for verification and investigation as laid down under Section 156(3) of the Code.

(3.) On the basis of the said complaint case the police Registered First Information Report and started invesligation. After investigation, the police submitted final form stating the whole case to be false.