MD. MURTAZA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Md. Sajid Yunus Warsi along with Mr. Md. Asadul Haque, learned counsel for the petitioners, Mr. Abhay Kumar Tiwari, learned counsel for the State and Mr. Shekhar Sinha, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceedings including the order taking cognizance dtd. 10/12/2021, the prayer of which was amended subsequently vide order dtd. 1/9/2022 passed in I.A. No.1186 of 2022 arising out of S.C./S.T. P.S. Case No.2 of 2016, corresponding to G.R. Case No.873 of 2016, pending in the court of the learned Additional Sessions Judge-I, Pakur.

(3.) The FIR has been lodged by the informant/opposite party no.2 alleging therein that he belongs to lower caste and having private shops which he proposed to give it to petitioners on rent. The petitioners have called mother of the informant namely Bimla Ravidas at their house and gave Rs.2,000.00 and thereafter again give Rs.1,000.00 to his mother. The amount was given for the purpose to take the shop on rent. It has been further alleged that due to confusion in negotiation the informant wanted to return the amount to the petitioners but they refused to take the same. In June, 2016 the mother of the informant and Md. Saukat Ali went to house of the petitioners to refund the amount but Jahagir told to refund it later. It has been also alleged that the accused persons have abused the informant in the name of caste and was blackmailing on the basis of agreement. They were also giving threatening to the informant and, thereafter, the FIR has been lodged by the informant.