RAMANAND SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is a petition for quashing the order dated 15.7.2002 passed by the Chief Judicial Magistrate, Dumka in PCR Case No. 272/0.1, GR No. 362/02, whereby and whereunder the learned Chief Judicial Magistrate has taken cognizance of the offence under Section 147/500/503/ 504, IPC.

(2.) IT transpires that one Balram Bhagat had filed a complaint against the petitioner alleging, inter alia, that though there was no order restraining the complainant, but the accused of that case (petitioner here) misled the police that there was an order of the Court and consequently got the work stopped and because of the stoppage of the work, there was loss caused to the complainant, besides he also intermediated him and threatened the masons working there.

(3.) LEARNED counsel for the petitioner assailed the order on the ground that the impugned order had been passed in a mechanical manner without application of mind and not considering the fact that the civil suit was pending between the parties and that the opp. party in this case is a practising lawyer, who is trying to pressurize the petitioner, who is a doctor by profession.