JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Notice upon opposite party no. 2 has been effected. Vide order dated 04.07.2023, the matter was adjourned with a view to provide one more opportunity to opposite party no. 2. Today when the matter was called out, nobody has responded on behalf of opposite party no. 2.

2. In that view of the matter, this petition is being heard on merit in absence of opposite party no. 2.

3. Heard Mr. Nipun Bakshi, learned counsel for the petitioners and Mr. Sunil Kumar Dubey, learned counsel for the State.

4. This petition has been filed for quashing of cognizance order dated 03.09.2016 including entire criminal proceeding of Deoghar P.S. Case No. 727 of 2013, corresponding to G.R. No. 2095 of 2013/2096 of 2013, pending in the court of the learned Sub-Divisional Judicial Magistrate, Deoghar.

5. Vide order dated 20.11.2017, notices were issued upon opposite party no. 2 and further proceeding was stayed and subsequently by the order dated 15.07.2022, the learned court has issued bailable warrant of arrest, non-bailable warrant of arrest as well as processes under Sections 82 and 83 Cr.P.C. against the petitioners simultaneously by one order, which has been challenged by filing I.A. No. 3439 of 2023 and the said I.A. has been allowed vide order dated 04.07.2023. Thus, the order dated 15.07.2022 is also under challenge.

6. The FIR was registered by the opposite party no. 2 alleging therein that on 27.11.2013 at about 7:30 PM while he was sitting in his home with his friends he saw a vehicle which suddenly stopped near the gate and six persons got inside the gate. It was further alleged that he saw Deevi Sai Babu, Sakal Deo Singh and Santosh Kumar (petitioners) and three unknown persons who were carrying arms. Deevi Sai Babu (Petitioner No. 2) caught hold the collar of the informant and Sakal Deo Singh & Santosh Kumar (Petitioner No. 1 & 3) started assaulting the informant and snatched the gold-chain from the neck & cash of Rs.5,500/-from the pocket of the Informant. Deevi Sai Babu asked the Informant to return the document and to withdraw the Title Suit filed at Ranchi and took out the revolver from his waist and pointed on temple of the informant and threatened to kill him. Sakal Deo Singh in the meanwhile asked that the uncle had given all the documents upon which the informant had filed the civil suit. It was further alleged that Rs.20,00,000/-(Twenty Lacs) was demanded by way of extortion besides all the documents as well as withdrawal of the civil suit. It was also alleged that all the accused persons dragged the informant into the vehicle but the persons present there objected so, the informant was pushed out of the vehicle and fled away threatening the informant to withdraw the case and to return all the documents within 72 hours, failing which the informant would be killed.

7. Mr. Bakshi, learned counsel for the petitioners submits that the petitioners have been allowed anticipatory bail by the learned District and Sessions Judge, Deoghar vide order dated 27.05.2014. He further submits that petitioner nos.1 & 2 are Trustees of 'World Buddha Foundation' and petitioner no. 3 is the Accountant of the said Foundation, which is a Buddhist Minority and a charitable trust and there has been no criminal antecedent prior to institution of instant case against the petitioners and all of them have been dragged into the present criminal case as the informant and his associates namely Shiv Dutt Sharma and many others have greedy eyes over the property of 'World Buddha Foundation' situated at Ranchi, Ramgarh, Barka Chumba, Delhi, Dehradun, Chhatisgarh, Bodh Gaya and other places. He further submits that t