SAGIR AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amit Kumar Das, learned counsel for the petitioners, Mr. Ashok Kumar Sinha (4), learned counsel for the opposite party no.2 and Mr. Arup Kumar Dey, learned counsel for the State.

(2.) This petition has been filed for quashing the entire criminal proceeding including the order dtd. 9/6/2014 passed in Complaint Case No.378 of 2014, pending in the court of the learned Chief Judicial Magistrate, Jamshedpur.

(3.) The complaint case was filed by opposite party no.2 against the petitioners alleging therein that he is a salesman cum In-charge of a shop of his father named as Beauty Center situated at Sakchi Market, Jamshedpur. On 4/11/2013, petitioner no.1 called the complainant on mobile demanding Rs.15.00 Lakhs as rangdari to be paid within 15 days, otherwise to face dire consequences. It was further alleged that again on 5/11/2013, petitioner no.2 called the complainant on his landline phone and demanded Rs.15.00 Lakhs saying that if said amount is not paid, then he will be killed. It was further alleged that thereafter petitioner no.1 again repeated such demand and threatened to kill the complainant and his family. It was further alleged that on 9/11/2013 at 08:30 p.m. the three accused persons along with two unknown persons came on motorcycle and entered the shop of the complainant. Petitioner no.1 and two unknown persons were armed with pistol and remaining two lady accused were holding daggers. By pointing pistol on the complainant, petitioner no.1 and petitioner no.2 demanded Rs.15.00 Lakhs, but the complainant refused to make payment. Then, petitioner no.2 ordered to kidnap the complainant and on point of pistol by petitioner no.1 and two unknown criminals, dragging the complainant holding his hair, he was taken out of his shop. On hearing hue and cry, the neighbouring shopkeepers assembled, but they were threatened by guns. However, the shopkeepers managed to save him and the accused fled away. It was further alleged that the accused snatched Rs.35,000.00 from the pocket of the complainant.