AJIT KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Cr.M.P. has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceedings including the F.I.R. arising out of Chas Muffassil P.S. Case No.133 of 2021 registered for the offences punishable under Ss. 406, 420, 323, 384, 506, 34 of the Indian Penal Code as well as the orders dtd. 13/7/2021 and 16/7/2021 passed by learned Judicial Magistrate-1stClass, Bokaro for institution of the F.I.R. and investigation under Sec. 156 (3) of Cr.P.C.

(3.) The brief facts of the case is that the complainant/informant purchased five tipper trailers in the name of his company namely Project Equipment and Construction Company which were financed by TATA Capital Financial Services Limited in the month of October, 2020 and he had been paying the installment regularly and even deposited the money during the lockdown imposed consequent upon the COVID-19 pandemic. It is the specific case of the complainant/informant that on 2/3/2021 between 1:00-2:00 p.m. while four of the five tipper trailers were returning from Bokaro to Giridih, the petitioners boarded in different vehicles, forcibly stopped the four trailers, abused and beat the drivers of the trailers and took away all the four vehicles by threatening to harm the informant if the police was informed. The complainant after approaching the accused persons got assurance that they would return the vehicles if the complainant paid one installment of the vehicles but even after the payment of Rs.4,88,500.00 because of inducement and cheating by the persons, the accused persons have not returned the vehicles and thus defrauded the complainant. The further allegation is that the accused persons demanded Rs.3,00,000.00 as extortion amount for release of the vehicles. Initially, the complaint which was filed on 8/7/2021 was not supported by the affidavit but subsequently an affidavit in support of the complaint was filed on 14/7/2021. The learned Magistrate on 13/7/2021 after hearing the matter through video conferencing passed order for sending the copy of the complaint to the Officer In-charge of Chas (M) Police Station, Bokaro for institution, investigation and to report under Sec. 156(3) of the Cr.P.C. Subsequently, on 16/7/2021, a petition along with the copy of the complaint was filed on behalf of the complainant and again the learned Judicial Magistrate-1stClass, Bokaro ordered that the complaint- petition be sent to the Officer In-charge of Chas (M) Police Station, Bokaro for institution, investigation and to report under Sec. 156 (3) of the Cr.P.C.