DEBASHISH SEN GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing entire criminal prosecution including the order dated 14.1.2004 passed in C.P. Case No. 354/2003, whereby and whereunder the learned Judicial Magistrate, 1st Class, Bokaro has taken cognizance against the petitioner under Sections 341, 321, 326, 386 and 504 read with Section 35, IPC.

(2.) THE facts giving rise to the filing of this application are that complainant -opposite party No. 2 filed a complaint stating therein that there was an agreement between the complainant and the State of Jharkhand on 6.7.2002 and according to that agreement a weavers workshop was constituted in which complainant and ten other villagers were made members. It is further alleged that according to the said agreement dated 6.7.2002, the complainant was the president of Primary Weavers ' Cooperative Society. Sonabad and the workshop building at Sonabad for this purpose was also constructed by the Government of Jharkhand and in this workshop the weavers had to produce/manufacture different kinds of cloths/materials including loongi, towel, shawls etc and for the said purpose the members of the said group had applied for grant of loan to the tune of Rs. 2,50,000/ - before the petitioner. The petitioner had only granted Rs. 1,25,000/ - as loan and that too on the payment of 10% of the amount i.e. Rs. 12,500/ - as illegal gratification, though petitioner had demanded Rs. 15% of the requisite amount. Pursuant to the grant of aforesaid amount of loan, the said group in order to run the business, purchased thread at Ranchi and demanded the rest of the amount of Rs. 1,25,000/ - from the petitioner, but petitioner demanded illegal gratification on 13.11.2003 at I p.m. While group demanded rest of the amount of loan before payment of any further illegal gratification, both the accused persons including petitioner became angry and they started manhandling the complainant and threatened him to implicate him in a false case and he was pushed out of the Bank. It is further alleged that Nathu Ram Mahto is also a member of the group but he is a man of the petitioner. A complaint case being C.P. Case No. 354/2003 was lodged against the petitioner and other under the aforesaid sections in the Court of learned CJM, Bokaro, who after recording SA of the complainant, transferred the case to the Court of Judicial Magistrate, Ist Class, where enquiry under Section 202, Cr. PC was made and after finding a prima facie case, cognizance was taken against the petitioner under the aforesaid sections.

(3.) ON the other hand, learned counsel appearing for he opposite party No. 2 submitted that this is not the stage where defence should be heard and learned Court below after proper enquiry under Section 202, Cr PC has taken cognizance finding a prima facie case against the petitioner and others.