SUMAN GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel appearing for the petitioners, Mr. P.K. Chatterjee, learned Spl.P.P. for the State and Mr. P.K. Deomani, learned counsel appearing for the O.P. No. 2.

(2.) This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dtd. 23/3/2013, by which, cognizance for the offence under Ss. 323, 347, 506, 201 read with Sec. 34 of the Indian Penal Code has been taken against the petitioners, in connection with C.P. Case No. 991 of 2010, pending in the court of learned Judicial Magistrate, 1stClass, Dhanbad.

(3.) The complaint case was filed by the O.P. No. 2 alleging therein that earlier a C.P. Case No. 947/2010 was filed by the complainant against these accused which was published in newspaper. When these accused persons came to know about the said case, all accused along with other police officers of different police stations in three vehicles (two Jeeps and one Ambassador Car) came to the complainant. The accused No.1 remained in the car but other entered in the place of occurrence and accused Nos. 2 and 3 caught hold and started assaulting him and brought him to the quarter of the accused No.2, where he was wrongfully confined and put pressure upon him to withdraw the earlier C.P. Case. The accused No.1 also came later on and assaulted him and further threatened to kill and implicate the entire family in false case. When the complainant denied, then again he was assaulted and threatened to kill him by all accused. Anyhow the complainant gave them false assurance to withdraw the earlier case and managed to get rid of from them. The complainant narrated the entire story to the witnesses and others and became apprehensive and kept silent which has caused the delay in filing this case.