Case Facts:
Patna High Court Cr.Misc. No.1040 of 2010 (3) dt.25-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1040 of 2010 ====================================================== 1. Chandar Bhushan Mahto S/O Banke Mahto R/O Vill.- Sanha, Mattunarai, P.S.- S.A.Kamal, Dist.- Begusarai. 2. Ratan Prasad Sinha S/O Shiv Shankar Prasad R/O Vill.- Sanha, Mattunarai, P.S.- S.A.Kamal, Dist.- Begusarai, At Present R/O Mohalla Lohia Nagar,P.S.- Begusarai Town, Dist.- Begusarai. .... .... Petitioners Versus 1. The State Of Bihar 2. Mahendra Kumar Jha S/O Late Deo Kant Jha R/O Ashok Nagar,West Ward, No.24 P.S.- Begusarai Town, Dist.- Begusarai. .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.1882 of 2010 ====================================================== 1. Chandar Bhushan Mahto S/O Banke Mahto R/O Vill.- Sanha, Mattunarai, P.S.- S.A.Kamal, Dist.- Begusarai. 2. Ratan Prasad Sinha S/O Shiv Shankar Prasad R/O Vill.- Sanha, Mattunarai, P.S.-S.A. Kamal, Dist.- Begusarai, At Present R/O Mohalla.- Lohia Nagar, P.S.- Begusarai Town, Dist.- Begusarai. .... .... Petitioners Versus 1. The State Of Bihar 2. Mahendra Kumar Jha S/O Late Deo Kant Jha R/O Mohalla.- Ashok Nagar West, Ward No.-24, P.S.- Begusarai Town, Dist.- Begusarai. .... .... Opposite Party/s ====================================================== For the Petitioners : Mr. Amrendra Kr. Sinha No. 1 For the Opposite Party : Mr. Subodh Kumar Jha Mr. Amrendra Kumar Mr. Pranav Kumar For the State Mr. Jharkhandi Upadhyay (A.P.P.) in both. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 25-06-2012 Both the above stated criminal miscellaneous cases are being heard together as almost similar facts are involved in the above stated criminal miscellaneous cases and, therefore, a Patna High Court Cr.Misc. No.1040 of 2010 (3) dt.25-06-2012 common order is being passed in both the above stated criminal miscellaneous cases. Heard learned counsel for the petitioners as well as learned counsel appearing for Opposite Party No. 2 and also learned Additional Public Prosecutor for the State. In Cr. Misc. No. 1040 of 2010, petitioners have prayed for quashing the order dated 12.11.2009 passed by Sri. Daya Shankar Singh, Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 339 C of 2009 by which and whereunder he having found prima facie case under [STATUTE] ordered to issue process against the petitioners and other accused. In Cr. Misc. No. 1882 of 2010, the same petitioners have prayed for quashing the order dated 03.11.2009 passed by the same court in Complaint Case No. 365 C of 2009 by which and whereunder he having found prima facie case under [STATUTE] ordered to issue process against the petitioners and other accused. The brief fact, which lies to file the above stated criminal miscellaneous cases, is that Opposite Party No. 2, namely, Mahendra Kumar Jha filed complaint case bearing Complaint Case No. 339 C of 2009 against the petitioners and six Patna High Court Cr.Misc. No.1040 of 2010 (3) dt.25-06-2012 other persons on 11.02.2009 in the court of Chief Judicial Magistrate, Begusarai who transferred the aforesaid case to the court of Sri. Daya Shankar Singh, Judicial Magistrate, 1st Class, Begusarai for enquiry and trial and after enquiry, the Enquiry Magistrte found prima facie case under [STATUTE] against the petitioners and other accused. The Opposite Party No. 2 alleged in the aforesaid complaint petition that petitioners and other accused got executed a forged sale deed on 06.01.2009 in respect of lands of Surya Kant Jha and on 10.02.2009 at about 08:00 A.M. they demanded rupees three lacs sixty nine thousand from the complainant and also assaulted him with fists and slaps and after the aforesaid incident of 10.02.2009, Opposite Party No. 2 went to registry office and came to know about the execution of above stated forged sale deed dated 06.01.2009. Again, Opposite Party No. 2, namely, Mahendra Kumar Jha filed complaint case bearing Complaint Case No. 365 C of 2009 against the petitioners and four other accused on 17.02.2009 alleging therein almost same facts but added that on 14.02.2009, petitioners and other accused entered in his campus and abused as well as assaulted him and after that he went to registry office and came to know about the execution of sale deed Patna High Court Cr.Misc. No.1040 of 2010 (3) dt.25-06-2012 dated 06.01.2009. On receipt of the aforesaid complaint petition, the learned Chief Judicial Magistrate, Begusarai transferred the aforesaid complaint case to the same court i.e. Sri. Daya Shankar Singh, Judicial Magistrate, 1st Class, Begusarai who again conducted an enquiry and having found prima facie case under [STATUTE] ordered to issue process against the petitioners and other named accused passing impugned order dated 03.11.2009. Learned counsel appearing for the petitioners submits that initially, Complaint Case No. 339 C of 2009 was filed by Opposite Party No. 2 against eight persons but when Opposite Party No. 2 realized that there was some lacuna in the pleadings of the aforesaid complaint petition, he again filed Complaint Case No. 365 C of 2009 after six days of filing of the first complaint petition and both the aforesaid complaint cases were transferred to the same court but learned Judicial Magistrate took cognizance of the offences without applying his judicial mind. He further submitted that as a matter of fact, the mala fide intention of Opposite Party No. 2 is obvious from the above stated facts and on the basis of aforesaid grounds, proceedings of both the complaint cases as well as impugned orders are liable to be Patna High Court Cr.Misc. No.104

Applicable IPC Section: 385

Statute Text:
Section 385 of the Indian Penal Code. Putting or attempting to put in fear of injury, in order to commit extortion. Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.