IMPORTANT POINT
The Court clarified the specific elements required to establish offences under the Indian Penal Code and applied these principles to modify the cognizance order.

JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding arising out of F.I.R. of Barwadda P.S. Case No.33 of 2017 corresponding to G.R. No.808 of 2017 including the order taking cognizance vide order dated 16.03.2021 by which cognizance was taken for the offence punishable under Sections 420, 468, 387 and 120 B of the Indian Penal Code against the petitioners which is pending in the court of learned Judicial Magistrate-1st Class, Dhanbad.

3. The allegation against the petitioners is that the petitioners, in criminal conspiracy with each other, went to the field of the informant and forcibly stopped the work of boring of well which was going on the land of the informant and demanded extortion of Rs.10,00,000/-. Out of fear, the men engaged by the informant stopped the work. There is further allegation that as per the documents provided by the petitioners to the informant, the vendor of the petitioners is Dilip Gope. The father of Dilip Gope namely Late Suresh Gope took permanent settlement of the land from king of Jharia namely Shiv Prasad Singh on 18.03.1939 but Suresh Gope was born on 05.02.1944. The holding No.125 created by late Suresh Gope and late Yamuna Pandey was found to be forged and based on manufactured documents. The said land has been grabbed and sold by Dilip Gope and Jai Niwas Pandey in illegal manner and the petitioners are demanding extortion and creating terror.

4. On the basis of the written report, police registered Barwadda P.S. Case No.33 of 2017 and took up investigation of the case and after completion of the investigation, police submitted charge-sheet on 14.03.2018 and vide order dated 18.04.2018, a cognizance-cum-summoning order was passed by the learned Magistrate. The same was challenged before this Court in Cr.M.P. No.2414 of 2017 and vide order dated 14.12.2020, a co-ordinate Bench of this Court set aside the said order as nothing has been mentioned as to what are the materials to proceed against the petitioners in that order and directed the trial court to consider afresh and pass a speaking order summoning the accused. Accordingly, vide order dated 16.03.2021, the learned Judicial Magistrate-1st Class considered the contents of the written report on the basis of which F.I.R. of the case has been registered and also considered that charge-sheet has been submitted inter alia against the petitioners for having committed the offences punishable under Sections 406, 409, 420, 387, 468 and 120 B of the Indian Penal Code. The learned Magistrate also considered the different paragraphs of the case-diary wherein the statement under Section 161 of the witnesses of the case has been recorded by the Investigating Officer therein they have stated about the demand of extortion of Rs.10,00,000/- by the petitioners in criminal conspiracy with each other in paragraphs-7 to 10. The learned Magistrate further considered the contents of the case-diary wherein it has been mentioned that the documents provided by the informant pertaining to Registry Office could not be believed as most of the documents have been destroyed because of the fire accident that occurred in 1971 in the Registry Office and though the informant filed W.P.(C). No.4576 of 2014 requesting among other things for cancellation of Jamabandi document No.266 but the same was later on withdrawn by the informant. The learned Magistrate also considered that the petitioner No.1 of this Cr.M.P. instituted Barwadda P.S. Case No.184 of 2015 against the informant and others but in the said case Final Form was submitted stating the case to be a pure civil dispute. The learned Magistrate also considered that the allegation made by the informant against the accused persons of the case is that the accused persons are unlawfully capturing land and selling it to people without lawful authority on