THE NEW INDIA ASSURANCE COMPANY LTD. THROUGH SRI OM LAL SAHU, BRANCH MANAGER, DALTONGANJ Vs. THE STATE OF JHARKHAND AND MR. ABHAY KUMAR

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioner and Learned Counsel for the State, as also Learned Counsel for O.P. No. 2, who has appeared upon notice. Petitioner is aggrieved by the order dated 12.7.2010 passed by Sri Shwayambhu, learned Judicial Magistrate, 1st Class, Palamau at Daltonganj, in Complaint Case No. 1152 of 2009, whereby the complaint petition filed by the Complainant New India Assurance Company Ltd.. has been dismissed by the Court below under Section 203 of the Cr.P.C. In the said complaint case No. 1152 of 2009, the O.P. No. 2, who was posted as Development Officer in the said Company, was made the sole accused.

(2.) IT appears that the statement of the Branch Manager of the complainant Company, through whom, the complaint petition was filed, was recorded on S.A. and during enquiry one witness was also examined, on the basis of which, the Court below by order dated 12.7.2010, dismissed the complaint petition under Section 203 of the Cr.P.C., finding the no offence was made out against the accused for either of the Sections 500 or 506 of the IPC.

(3.) LEARNED Counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal and cannot be sustained in the eyes of law. So far as offence under Section 500 IPC is concerned, Learned Counsel very fairly conceded that in the facts of the case, offence under Section 500 IPC was not at all attracted. Learned Counsel submitted that the offence is certainly made out against the accused O.P. No. 2 under Section 506 IPC, in as much as, in the letters which have been brought on record, there is a clear threat to the Chairman -cum -Managing Director of the Company to act in a particular manner, otherwise the addressee would be responsible if the O.P. No. 2 committed suicide. Learned Counsel accordingly, submitted that this clearly amounts to criminal intimidation to the Company and makes out the offence under Section 506 IPC, against the O.P. No. 2. Learned Counsel accordingly, submitted that the impugned order cannot be sustained in the eyes of law.