RAMA SHANKAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mr. Indrajit Sinha, Advocate Mr. Bibhash Sinha, Advocate Ms. Nehala Sharmin, S.P.P. Mr. Atanu Banerjee, Advocate 07/8/5/2023 Heard Mr. Indrajit Sinha along with Mr. Bibhash Sinha, learned counsel for the petitioners, Ms. Nehala Sharmin, learned counsel for the State and Mr. Atanu Banerjee, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceedings in connection with C.P. Case No.224 of 2012 arising out of Siyaljori Police Station Case No.25 of 2011, corresponding to G.R. No.1026 of 2011 including the order dtd. 22/3/2013, pending in the court of the learned Additional Chief Judicial Magistrate, Bokaro.

(3.) Mr. Sinha, learned counsel for the petitioners submits that earlier the Complaint Petition No.429 of 2011 was filed by the complainant, which was sent for registration of FIR and for investigation under Sec. 156(3) Cr.P.C. wherein it was alleged that complainant is a resident of Village Bhagabandh, Police Station Siyaljori, District Bokaro and for purposes of earning livelihood he runs a Grocery Shop and Hotel (Kirana Dukan evam Hotel), Betel kiosk (Pan Gumti), and a Saloon at Khata No. No.58, Plot No.1389, Village Bhagabandh, Police Station Siyaljori, District Bokaro and he along with his family is residing at the same place. It was further alleged that the accused persons who are Managing Director of M/s. Electrosteel Company, Chief Security Officer, Security Supervisor, Civil Engineer of the company, allure and deceive the local people whose lands are there in order to acquire their land for the company. It was also alleged that accused No.5 on 20/11/2008 had entered into an agreement with the villagers of Mahatha Tola wherein he had assured for providing job in the company and for development of the said area. The complainant further alleged that under the said agreement neither the complainant has received any compensation nor any of the members of the complainant family have been provided with an employment in Electrosteel Company, rather fraudulently an agreement has been got signed by the complainant, therefore the complainant has also not registered his land over Khata No.58, Plot No.1389, 1204 and 1289 in favour of the Company. It was further alleged that earlier as per the agreement the complainant has registered lands of some other Khata in favour of the company, however, neither he nor any of his family members have been given employment in the company. It was also alleged that the accused persons are coercing the complainant to part with his part of land measuring 3.29 acres in Plot No.1389 in Khata No.58, Village Bhagabandh, Police Station Siyaljori, District Bokaro. It was alleged on 2/8/2011 at around 03.00 p.m., the accused persons (six in numbers) came on a Scorpio Vehicle bearing Registration No.6201 and on the instructions of accused No.1 beaten the complainant and his family members and thereafter accused No.2 took away Rs.10.00 thousand from the counter and gave it to accused No.3 and thereafter loaded in their vehicle 5 Tins Double Elephant (Hathi) Musterd Oil, 5 Tin Refined Oil of Hemani Company, 5 Bora Rice, Half Bora Chana Dal, 1 Bora Arhar Dal, Half Bora Mung Dal, Soap worth approximately 10 thousand rupees, all worth Rs.20,000.00 and also broke the wall of Saloon and Pan Gumti all worth Rs.4,000.00. Thereafter the accused No.1 directed to cover rest all items with soil and thereafter HYVA vehicles filled earth all around due to which there was water all around the house and materials worth Rs.5.00 lakh kept in the shop were damaged. The accused persons thereafter threatened that if the complainant did not register the land in favour of the Company he will meet with even worse consequences. The learned Chief Judicial Magistrate, Bokaro had forwarded the said complaint petition to the Officer-in-Charge, Siyaljori for registering a first information report in terms of Sec. 156(3) of the Code of Criminal Procedure and accordingly Siyaljori Police Station Case No.25 of 2011 dtd. 12/8/2011 was registered as against the petitioners and others for offences under Ss. 341, 323, 354, 406, 420, 427, 452, 379 of the Indian Penal Code and police took up the investigation.