Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.889 of 2012 ====================================================== 1. Rahul Burman S/O Late Ganga Ram R/O Village-Chandwakha, P.O.- Kudra, P.S.-Kudra, Distt.-Kaimur (Bhabhua) Posted As Senior Deputy Collector, Kishanganj, Distt.-Kishanganj The Then Block Development Officer-Cum-Circle Officer, P.O. & P.S.Dalsighsarai, Distt.-Samastipur .... .... Petitioner Versus 1. The State Of Bihar 2. Shiv Shankar Roy S/O Late Ramji Roy, R/O Village-Daini Pagra, P.S.- Dalsighsarai, Distt.-Samastipur .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 11-05-2012 Heard Mr. Bindhyachal Singh, learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Though served the opposite party No.2 has not chosen to appear before this Court. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 9.12.2009 passed in Complaint Case No. 499 of 2009 by the Judicial Magistrate 1st Class, Dalsinghsarai whereby the learned Magistrate has been pleased to take cognizance under [STATUTE] . The allegation as set out in the Complaint petition placed at Annexure-1 of the application charges the petitioner, who at the relevant time held the post of Block Development Officer, Patna High Court Cr.Misc. No.889 of 2012 (3) dt.11-05-2012 2 / 3 2 Dalsinghsarai, is of demanding illegal gratification for allotment of a house under the Indira Awas Yojana and upon refusal by the complainant to accept the demand, it is alleged that the petitioner assaulted the complainant. The allegation has been contested by the petitioner who submits that as the complainant did not come within the zone of consideration during the Financial Year 2009- 10 having attained only 438 points in the BPL categories hence no allotment was made in favour of the petitioner. However, in the following year since the petitioner came within the zone of consideration he was provided with an allotment on 7.12.2010. Learned counsel for the petitioner in the aforesaid circumstances submits that the complaint with absurd allegations has been instituted with the ulterior motives with the sole intention to harass the petitioner, a Government employee. Under the orders dated 31.1.2012 notices were issued to the opposite party No.2 and which has been served but the complainant-opposite party No.2 has not filed any appearance. Having heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State and having perused the materials on record, this Court finds substance in the contentions advanced on behalf of the petitioner in opposition of the allegation set out against him. Patna High Court Cr.Misc. No.889 of 2012 (3) dt.11-05-2012 3 / 3 3 A supplementary affidavit has been filed on behalf of the petitioner today enclosing a copy of the ordersheet of the Court below and which shows that the complainant has also not been attending proceeding before the Court below. Having found substance with the submissions advanced on behalf of the petitioner, this Court is of the opinion that the continuation of the proceedings in the aforesaid circumstances would be an abuse of the process of the Court and that it would be in the interest of justice that the proceedings arising out of the Complaint Case No.499 of 2009 including the order taking cognizance dated 9.12.2009 be quashed and set aside. For the reasons aforesaid, this application is allowed. The entire proceedings arising from Complaint Case No. 499 of 2009 including the order dated 9.12.2009 is quashed and set aside. Bibhash/- (Jyoti Saran, J)

Applicable IPC Section: 506

Statute Text:
Section 506 of the Indian Penal Code. Criminal intimidation. Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc — and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.