AYUSH ADITYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard A.K. Kashyap, learned senior counsel assisted by Mr. P.S. Dayal, learned counsel for the petitioner, Mr. Suraj Verma, learned counsel for the State and O.P. No. 2 appearing in person.

(2.) The present petition has been filed for quashing of First Information Report being SC/ST P.S. Case No. 15/2019 dtd. 26/4/2019, registered under Sec. 182, 211/403/418/420/468/506/120B of the Indian Penal Code and under Sec. 3(1) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, pending in the Court of learned Additional Judicial Commissioner-XII, Ranchi.

(3.) Informant namely, Ram Bihari Prasad lodged the F.I.R. alleging therein that he is a member of Scheduled Caste community by caste-Dusadh and resides at Qr. No. B/4, Government Residential Colony, Opposite Nagar Nigam Office, Chas, P.O. and P.S.-Chas, District-Bokaro working on the post of X-Ray Technician in Sub Divisional, Chas, Bokaro under Health Department, Government of Jharkhand, Ranchi. It is further alleged that in the year, 2008 he had appointed Ayush Aditya as his Advocate in his case regarding payment of salary, which was filed in this Hon'ble High Court being W.P.(S) No. 5269 of 2008 and for the same he (the petitioner) had taken Rs.35,000.00 towards his professional fees. He after connived with unknown opposite party of his case cheated the informant and did not appear on eight dates fixed for hearing in the Hon'ble High Court from 2008 to June, 2016 and violated the provisions of the Advocates Act. The informant being helpless had appointed another Advocate and demanded back Rs.20,000.00 from Ayush Aditya (petitioner herein) which was taken as professional fees for argument of the case, accepting the filing expenses for the writ application upon which the petitioner became furious and gave threatening by using insulting word taking his caste name to send him jail and by saying that no money will be returned. It is further alleged that the petitioner in connivance with his Junior Shashank Shekhar, Advocate and Deepak Kumar Verma (Munshi) hatched a criminal conspiracy and got an F.I.R. filed against him in Argora Police Statin through Deepak Kumar Verma, the Munshi (Advocate's Clerk) alleging that the occurrence of 1/1/2017 at about 5.30 P.M. occurred at the residential office of the petitioner at 132/C, Vidyalaya Marg, in front of Maheshwari Girls School, Ashok Nagar, P.O. Ashok Nagar, P.S. Argora, District Ranchi on the basis of which the officer-in-charge, Argora P.S. had registered a case being Argora P.S. Case No. 7/2017 against Ram Bihari Prasad Singh (informant herein) under Sec. 341/323/379/34 of the Indian Penal Code and under Sec. 27 of the Arms Act and caused pain and loss to him which was disposed of as dismissed in the National Lok Adalat on 8/12/2018 which case was pending being G.R. No. 57/2017, Argora P.S. Case No. 07/2017 in the court of the learned S.D.J.M., Ranchi till 8/12/2018.