The main legal point established in the judgment is the requirement for clear and distinct evidence to establish criminal offences, the distinction between civil disputes and criminal cases, and the exercise of caution in criminal proceedings.

JUDGMENT :

1. Heard learned counsel for the petitioners, learned counsel for the State of Bihar and learned counsel for the respondent no.4.

2. The petitioners have preferred this application for quashing the First Information Report of Muffasil P.S. Case no.369 of 2017 (District East Champaran) registered under sections 420, 406, 504 and 506 of the Indian Penal Code.

3. A complaint was filed by the respondent no.4 in the Court of learned Chief Judicial Magistrate, Motihari, East Champaran against the petitioners-employees of Ascend Telecom Infrastructure Private Ltd. and two named employees of Kumar Infrastructure Private Ltd.. As per the prosecution case, it was stated therein that for setting up of a tower, an agreement was entered into between the complainant (respondent no.4) and Ascend Telecom Infrastructure Private Ltd. according to which besides the rent for the land in question, a sum of Rs.2200/ would be paid to the complainant. As per the complaint, it was further agreed upon that there would be a 20% increase in the monthly rent after three years. Payments were made to the complainant for one year in cash and in bank accounts. Later, Ascend Telecom Infrastructure Private Ltd. (hereinafter referred to as “the Company”) entered into an agreement with Perfect Company through which it started to manage the tower. Thereafter the Company withdrew from Perfect Company and entered into another agreement for three months with Eklavya Company. Once again, the Company withdrew from Eklavya Company and entered into an agreement with Kumar Infrastructure Private Ltd. The complainant states that he started to get Rs.2600/ per month for one year six months from Kumar Infrastructure Private Ltd. but thereafter is not receiving the said amount. Total dues is of Rs.85,000/. On asking about his dues, it is stated that he was abused and threatened and the accused state that he has not been kept there as a caretaker. He is still working as a caretaker and on the site being down he starts getting phone calls on his mobile phone. He is still involved as a caretaker. A legal notice was sent by him for payment of his dues, however the accused persons did not pay any attention on the same. As the police personnel and police station refused to register a case, the complaint was filed.

4. The complaint filed by the complainant on 5.7.2017 was registered as Complaint Case no.1332 of 2017 in the Court of learned Chief Judicial Magistrate, Motihari, East Champaran. On the order dated 5.7.2017, being passed by the learned Chief Judicial Magistrate, the complaint was sent to the police station where Muffasil P.S. Case no.369 of 2017 was registered on 14.7.2017 under sections 420, 406, 504 and 506 of the Indian Penal Code.

5. It is the case of the petitioners that an agreement was entered into on 28.4.2012 between the informant (respondent no.4) and M/S Ascend Telecom Infrastructure Private Ltd. (“the Company” in short). A copy of the agreement has been brought on record as Annexure-2 to the petition. In the last page of the said agreement, a no objection certificate had been given by the informant to the effect that he has no objection if the licensee appoints its Security Guard through any agency and they further declared that neither any of the licensor nor any legal heirs of the licensor will claim for any job to the licensee. It was the categorical assertions of the petitioners that all the four petitioners were employed with the Company, however the petitioner no.3 subsequently left the employment. The Company is registered with the Department of Telecommunication, Ministry of Communication and Information Technology, Govt. of India and in order to install a telecommunication tower entered into a license agreement according to which the Company was to install a telecommunication tower on the land of the informant on payment of monthly rent of Rs.2700/. As per the no objection certificate granted by the informant and which is part of the agreement