PRADEEP KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Prabhat Kumar Sinha, learned counsel appearing for the petitioner, Mrs. Priya Shrestha, learned Spl.P.P. for the State and Mr. Manish Kumar, learned counsel appearing for the accused-O.P. No. 2.

(2.) This petition has been filed for quashing of the order dtd. 18/8/2020, passed in Cr. Revision No. 85 of 2019 by the learned Additional Sessions Judge-IX, Hazaribag, whereby the revision has been dismissed and the order dtd. 30/9/2019, passed by the learned Judicial Magistrate, 1st Class, Hazaribag, in Barhi P.S. Case No. 191 of 2019 has been affirmed, pending in the Court of learned Judicial Magistrate, 1st Class, Hazaribag.

(3.) The informant has filed the complaint petition before the learned Chief Judicial Magistrate, Hazaribag against two accused persons namely Mukesh Kumar Mehta and Razi Ahmad, alleging therein that the informant is the registered owner of the vehicle bearing registration No. JH-02-AJ-7420. He is engaged in transport business and use to ply his aforesaid vehicle for hire himself. It is further alleged that accused persons demanded Rs.2.00 lac as extortion money and threatened of dire consequences if demand is not fulfilled and this demand was being done since year 2016. It is further alleged that on 15/5/2019 at about 2.00 to 3.00 PM when the informant along with his brother and wife going in the aforesaid vehicle then accused persons riding on the motorcycle stopped the vehicle after overtaking and accused Mukesh Kr. Mehta put the revolver upon informant and demanded extortion money and took two cheques Rs.5,000.00 cash from the pocket of the informant. Accused Razi Ahmad took away the vehicle. Informant reported the matter to the respectable persons of the village for settlement but accused persons did not agree for the same unless their demand for extortion is fulfilled. Belatedly the matter was reported to the police station where the informant was suggested to go to the Court for filing complaint. Therefore, the complainant filed complaint case no. 1064/2019. The said complaint petition was sent to Barhi P.S. for institution of the FIR and accordingly Barhi P.S. case No. 191 of 2019 was registered against the accused persons.