SIDHESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the order dated 20.07.2001 in connection with P. C. R. Case No. 621 of 2000 corresponding to T. R. No. 698 of 2001, whereby and whereunder the learned court below took cognizance of the offence under Sections 379 & 504 of the I. P. C. against the petitioner. It appears that Respondent no. 2 has filed a complaint on 14.09.2000 alleging therein that petitioner along with other accused persons came to his house and demanded Rs. 2000/- from the complainant alleging that complainant is committing theft of electrical energy. It is further stated that when complainant stated that he is a regular consumer, the petitioner instigated other accused persons for taking away electrical wires and other electrical equipments from the house of complainant.

(2.) It appears that the court below after making inquiry under took cognizance under Sections 379 & 504 of the I. P. C. against the petitioner vide order dated 20.07.2001.

(3.) Sri D. K. Prasad, learned counsel for the petitioner submits that the complainant filed present case with mala fide intension only with a view to take vengeance from petitioner because he filed a case against the complainant's father for theft of electrical energy vide Godda P. S. Case No. 210 of 2000. It is submitted that the aforesaid F. I. R. was lodged on 14.06.2000 and complainant's father was taken into custody. He submits that father of complainant released on bail. The present case filed in the month of September by the son of complainant. It is submitted that present case may be quashed in view of judgment of Hon'ble Supreme Court in State of Haryana Vs. Bhajanlal, 1992 Supp1 SCC 335.