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Judgment
By the Court:- Heard the parties.
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceedings of the Complaint Case No. 1366 of 2019 including the order dated 06.01.2020 passed by the learned Judicial Magistrate, 1st Class, Koderma whereby and whereunder the learned Judicial Magistrate, 1st Class, Koderma found prima facie case for the offences punishable under Sections 323, 147, 148 and 506 of the Indian Penal Code.
The brief fact of the case is that the petitioners being the members of unlawful assembly caused hurt to the complainant by assaulting him and also threatened the complainant to kill him unless he pays the extortion amount of Rs.10,00,000/-. There is further allegation is that the petitioners have committed theft of 70 bags of cement and one bundle of iron rod.
On the basis of the complaint statement of the complainant on solemn affirmation and the statement of the inquiry witnesses, the learned Judicial Magistrate 1st Class, Koderma, found prima facie case for the said offences under Sections 323, 147, 148 and 506 of the Indian Penal Code and passed the summoning order against the petitioners and co-accused persons.
It is submitted by the learned counsel for the petitioner relying upon the judgment of Hon’ble Supreme Court of India in the Case of Naresh Kumar & Another vs. State of Karnataka & Another reported in 2024 SCC OnLine SC 268 that at para- 06 therein, it has been held by the Hon’ble Supreme Court of India that a complaint disclosing civil transactions may also have a criminal texture. But the High Court must see whether a dispute which is essentially of a civil nature is given a cloak of criminal offence. In such a situation, if a civil remedy is available and is, in fact, adopted as has happened in that case, the High Court should not hesitate to quash the criminal proceedings to prevent abuse of process of the court. It is next submitted that in this case the dispute involved between the parties is essentially of civil nature and a cloak of criminal case has been given to the said case. Hence, the prayer as prayed for in this Cr.M.P. be allowed.
Though notice has validly been served upon the opposite party no.2, no one turns up on behalf of the opposite party no.2, but the learned Additional Public Prosecutor vehemently opposes the prayer and submitted that unlike the facts in the case of Naresh Kumar & Another vs. State of Karnataka & Another (Supra), in this case, the petitioners do not claim any right, title or interest over the place of occurrence land. So, there is no occasion for the complainant to adopt any civil remedy. This is an out and out case of extortion, theft besides voluntarily causing hurt by petitioners; being the members of an unlawful assembly. It is next submitted that if the entire allegations made against the petitioner are considered to be true, then the offences punishable under Sections 323, 147, 148 and 506 of the I.P.C. is made out against the petitioners and at appropriate stage, the petitioners can be proceeded with for committing offence punishable under Section 379 of the Indian Penal Code. Hence, it is submitted that this Cr.M.P. being without any merit be dismissed.
Having heard the submissions made at the Bar and after going through the materials in the record, this Court finds that there is specific allegation against the petitioners of together causing hurt to the complainant by assaulting him, but out of accused persons the petitioner nos. 1 and petitioner no.4 beat him up severely which if considered to be true in their entirety, is sufficient to constitute the offence punishable under Sections 147 read with Section 323 of the I.P.C. There is also allegation against the petitioners of criminal intimidation of the complainant and they threatened the complainant of injury and also terrorized the informant by assaulting his labourers and demanding extortion of Rs.10,00,000/ and for not paying the same, causing hurt by inflicting injury and by taking property of the complainant consisting of 70 bags of cement and one bundle of iron rod and thereby committing theft of the said report. Further, the petitioners also threatened the complainant to pay the extortion amount of Rs.10,000,00/-. If these allegations are considered to be true in their entirety, the same is sufficient to constitute the offence punishable under Section 506 of the Indian Penal Code. So far as the judgment relied upon by the learned counsel for the petitioners is concerned, the facts of this case are entirely different from the facts of the case of Naresh Kumar & Another vs. State of Karnataka & Another, because unlike that case, in this case the petitioners do not claim any right title and interest over the place of occurrence land and that there is no civil proceeding pending between the parties.
Under such circumstances, in view of the direct allegation of serious nature sufficient enough to constitute offences, this court is of the considered view that this is not a fit case where the prayer of the petitioners as made; is to be acceded to in exercise of the power under Section 482 of the Cr.P.C.
Accordingly, this Cr.P.M. is being without merit is dismissed.
Accordingly, pending I.As. if any are disposed of being infructuous.