STATE OF BIHAR Vs. RAJENDRA AGRAWALLA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by the State is directed against the order of the Patna High court dated 5/3/1992, by which order the High court has quashed the cognizance taken against the respondent under Section 414 of the Indian Penal Code.

(3.) Shri Uddai Singh, Sub-Inspector of Police, Dhanbad Police Station was on duty at the police station on 8/1/1992. At 5.15 p. m. two constables brought a truck bearing Registration No. HRX-3125 along with its driver, Khalasi and two other persons and reported that they found the truck coming speedily and crossing the railway gate and did not stop even though the vehicle was asked to stop. They, therefore, chased the vehicle and stopped the same after some time and found that the truck had been loaded with pieces of iron tracks which were the property of BCCL. On their enquiry about the documents, a copy of challan was shown but suspecting something wrong they brought the truck with the persons to the police station. The sub-inspector then on checking found that most of the iron loaded on the truck were the pieces of the track trolley used in BCCL. On suspicion the sub-inspector asked the driver who told that the truck had been loaded from the factory of Rajendra Agarwalla, the respondent in this appeal and one Surendra Agarwalla, proprietor of Associate Iron and Steel Company at Saraidhella had purchased the same. But they could not produce any document. He therefore submitted a report to the Inspector-cum-Officer-in-Charge of the Police Station alleging that the accused persons are guilty of offence under Section 414 of Indian Penal Code and the said report was treated as first information report. After investigation, charge-sheet was filed against the respondent and five other persons on 21/1/1992. In GR Case No. 107 of 1992, the learned Magistrate on perusal of the papers submitted by the police and all other relevant materials took cognizance of the offence in question on 1/2/1992. The respondent thereafter filed application in the Patna High court at Ranchi bench invoking the jurisdiction of the court under Section 482 of the Code of Criminal Procedure praying for quashing the order of cognizance taken and the said application was registered as Criminal Case No. 475 of 1992. The learned Judge by the impugned order having quashed the cognizance taken by the Magistrate so far as the respondent is concerned, the State has approached this court.