ORDER :

Sanjay Kumar Dwivedi, J.

Heard Mr. Md. Mokhtar Khan along with Mr. Mahesh Tewari, learned counsel for the petitioners, Mr. Shekhar Sinha, learned P.P. appearing for the opposite party-State and Mr. Rakesh Kumar Sinha, learned counsel for opposite party no.2.

2. This criminal miscellaneous petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The present petition has been filed for quashing the entire complaint case being Complaint Case No. 873 of 2005 and also the order dated 23.08.2006 passed in the said case by the learned Judicial Magistrate, Jamshedpur, whereby, cognizance of the offence under Sections 341/506 of the Indian Penal Code has been taken against the petitioners

4. The fact of the case in narrow compass is that the complainant was a contractor, engaged in performing civil and other type of works. The complainant represented M/s Shiva Constructions & Co. and had been performing his contract work at South Eastern Railway, Chakradharpur. It has been alleged that the petitioners being Railway officers have demanded 10% of the bills, prepared by the complainant. It has also been alleged in the complaint case that on 10.07.2005 at about 03:30 p.m. while complainant was returning from U.C.I.L. Turamdih Mines, he saw the petitioners and two other unknown persons and these petitioners reminded him to make payment of the money and not to go to any other authority. The complainant did not agree to the proposal and as such the petitioners lost temper and started abusing him. It has also been alleged that petitioner no.1 caught hold of the hair of the complainant and slapped on his cheek and gave fist blow on his back and petitioner no.2 also gave him fist blow on different parts of the body. The other two unknown persons were armed with weapons who threatened the complainant not to make hue and cry, otherwise, he would be killed. It has further been alleged that petitioner no.1 snatched golden chain worth Rs.12,000/- from him, but on hullah he was rescued and taken to a Doctor, who had given him medical treatment.

5. Mr. Mahesh Tewari, learned counsel for the petitioners assailed the impugned order taking cognizance as well as entire complaint proceeding on the ground that the petitioners are higher officials of the Indian Railways and they have been falsely implicated by the complainant, who happened to a contractor of the Railways. He draws attention of the Court to the order taking cognizance and submits that on perusal of this order, it transpires that the main genesis of filing of the complaint case is with regard to certain payment with regard to contract work done by the complainant and in the order taking cognizance, the learned Judicial Magistrate, Jamshedpur has considered that filing of the complaint case is only genesis of the payment of bills. He further submits that in that view of the matter the case of the petitioners is fully covered under Section 197 Cr.P.C. By way of referring certain annexures annexed with this quashing petition, he submits that the complainant is a contractor and he has not completed certain work, which is disclosed at Annexure-2. By way of referring Annexure-3, which is a letter written by the complainant praying therein to make payment of the security and the bill payment, he submits that the matter was referred for consideration to the law officer for guidance. By way of referring Annexure-6 dated 28.10.2005, which is a confidential letter, he submits that it has been disclosed that M/s. Shiva Construction & Co. and M/s J.B. Enterprises, Jamshedpur were involved in forgery of National Saving Certificates (NSCs) and recommendation for CBI enquiry was made by the Railway. He also submits that with the malafide intention, the case has been instituted