SIDHESHWAR SINGH Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel for the petitioner and Mr. Shailesh Kr. Singh, learned counsel appearing for the respondent No. 2.

(2.) In this application, the petitioner has prayed for quashing of the entire criminal proceedings in connection with Complaint Case No. 2203 of 2013, including the order dated 01.07.2014 passed by the learned Judicial Magistrate, Dhanbad, by which cognizance has been taken for the offences punishable u/Ss. 379, 406 and 417 of the Indian Penal Code.

(3.) It has been submitted by the learned counsel for the petitioner that the complaint petition itself reveals that the same has been filed by way of malicious prosecution against the petitioner. Learned counsel for the petitioner submits that alleged incident is said to have taken place in the year 2005 and the complaint case has been instituted after 8 years in the year 2013. Learned counsel has also drawn the attention of the Court to paragraph 8 of the complaint petition and thereafter to the court question put to the complainant in course of his solemn affirmation and has stated that his solemn affirmation belied the averment made in the complaint petition in paragraph 8. Learned counsel submits that the dispute is purely civil in nature as it is with respect to non-execution of an agreement in spite of taking an amount of Rs. 5,36,000/- and only to give the same a colour of criminality allegation has been levelled of threatening and forcibly taking away an amount of Rs. 5,000/- from the complainant. In support of his contention learned counsel for the petitioner has referred to the case of Rashmi Jain v. State of U.P. report in, 2014 13 SCC 553 and an order passed by this Court in Cr.M.P. No. 3038 of 2013.