SHEETAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application the petitioners prayed for quashing the entire criminal proceeding in connection with Protest Complaint Case no. 229/2014, pending in the court of Judicial Magistrate, Ranchi. The petitioners further prayed for quashing the order dated 12.01.2015 ( Annexure-2), whereby the learned Judicial Magistrate, Ranchi, took cognizance against the petitioners under sections 406/420/323/504/34 of the Indian Penal Code.

(2.) It appears that the Complainant ( Respondent no.2) initially filed a Complaint Case against the petitioners vide Complaint Case no. 1530 of 2013, which was sent to the Gonda Police Station, for registration of F.I.R. and investigation, under section 156(3) Cr. P.C. by the Chief Judicial Magistrate,Ranchi. Accordingly, Gonda P.S.Case no. 283/2013 registered and the police took up investigation. It further appears that after completing the investigation, police submitted final form in favour of the petitioners. Thereafter, the Complainant filed Protest Petition before the Judicial Magistrate, Ranchi, which was registered as Protest Complaint Case no. 259/2014 and who after inquiry took cognizance of the offence under sections 406/420/323/504/34 of the I.P.C. against the petitioners vide order dated 12.01.2015.

(3.) The facts of the case, in brief, as alleged in the Complaint Petition are that the Complainant, being the owner of a land, entered into a Development Agreement with petitioner no.2. It is then alleged that after completion of the construction work, the Complainant had demanded 05(five) flats with car parking, as per the agreement. It is stated that in the agreement, both the parties had agreed that the complainant will get 34% of the Total Super Built-up Area. It is alleged that the accused persons refused to give 05(five) flats, unless the Complainant pay Rs. 70,00,000/-. It is further alleged that for resolving the aforesaid dispute, a meeting fixed in the office of the accused persons on 11.06.2013. It is further alleged that when the Complainant along with her husband and others went to attend the said meeting, the accused persons along with others again demanded Rs. 70,00,000/- as extortion for giving complainant's share. It is further alleged that when the Complainant raised objection, the accused persons abused and threatened them. Thereafter, the petitioner no.2 took signature of the Complainant and her husband on a blank non-judicial stamp paper, on the point of revolver. It is alleged that on the said paper accused persons prepared receipt showing that the physical possession of 05(five) flats with car parking had been handed over to the Complainant and now she have no claim. It is stated that when the Complainant, her husband and others tried to leave the place, petitioner no.2 caught hold the hands of the Complainant and pushed her on the chair, whereas other accused persons assaulted the Complainant's husband.