RADHE KRISHNA PRASAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) There is a delay of 7 days in preferring instant petition seeking leave to appeal against the judgment of acquittal dated 29-11-2016 rendered by learned Chief Judicial Magistrate, Dhanbad in C. P. Case No. 1100 of 2007 (T.R. No. 1164 of 2016). Both the accused/opposite party Nos. 2 and 3 herein have been acquitted of the charges under Sections 323 and 341 of the Indian Penal Code.

(2.) After hearing learned counsel for the petitioner and the A.P.P. for the State, we condone the delay of 7 days in preferring the instant petition. I.A. No. 1819 of 2017 seeking condonation of delay also stands disposed of.

(3.) The complaint petition was instituted by the Complainant/Petitioner herein claiming himself to be the Central President of Bihar Sharmik Sangh with an allegation that on 27-6-2007 he had given notice to the B.C.C.L. management and other offices relating to two days strike on 16-7-2007 and 17-7-2007 in view of certain orders of the Apex Court as well as this Court. Thereafter, he was invited to participate in the talk by the accused No. 1, Regional Manager, Bhuli Nagar Township on 4-7-2007 at 4.30 p.m. in his office. When he went there, he saw accused No. 2 A. N. Singh and 4-5 hooligans also sitting there. On the direction of accused No. 1, Ranvir Kumar, accused No. 2 and Others started abusing him, caught him and assaulted him by fists and started saying that he should be kidnapped and killed. On being dragged, he raised alarm on which witnesses and other staff of the office arrived there. Then the accused No. 1 took out Rs. 5000/- from the pocket of the complainant and snatched gold chain. In the meanwhile, complainant's son went to the police station and informed about the occurrence and when the police reached there, the accused persons fled from the office. Thereafter, the complainant filed a written complaint regarding the occurrence in the police station but since no action was taken, complaint case was filed before learned C.J.M. After recording the statement of the complainant on S.A. and those inquiry witnesses, the accused persons were summoned to face the trial for the aforesaid offences. The accused persons pleaded not guilty and claimed to be tried when the substance of accusations were explained on 16-7-201