RANJIT KUMAR Vs. STATE

JUDGEMENT

(1.) The present Petition under Section 482 of the Code of Criminal Procedure, invoking inherent jurisdiction of this Court, is against an order dated 7th December 1979 of Shri Ravi Kumar, Chief Metropolitan Magistrate, Delhi directing that a charge be framed against the present petitioner in respect of commission of offences punishable under Section 406 and 420 Indian Penal Code. 11th January 1980 was fixed for framing of the formal charge on which date charge was framed by Shri K. P. Verma, then Chief Metropolitan Magistrate, Delhi and the case was fixed for prosecution evidence.

(2.) The prosecution was started on account of acomplaint in writing of Shri Bishashar Nath dated 21st September 1975 on the basis of which F.I. R. was recorded on September 22, 1975. The petitioner is son of sister of Bishashar Nath.

(3.) Bishashar Nath is owner of motor cycle No. HRU 3248. As alleged by him in his complaint he had kept that motor cycle with one Avtar Krishan Sharma at the house at Joshi Road, Karol Bagh, Delhi of the latter and on 10th September 1975 the present petitioner took away aforesaid motor cycle from Avtar Krishan by making a fraudulent misrepresentation that the same was required by Bishashar Nath. Bishashar Nath, who is carrying on his business at Asansol, as is further alleged by him, came to Delhi in search of the petitioner because the latteras in employment of the former and on removal of the latter from. employment the latter had brought account books of the former. Bishashar Nath met Avtar Krishan and was told as to how his motor cycle had been taken away. He, as narrated by him, went to the house of the petitioner at Faridabad for taking account books as well as motor cycle, but not only that the petitioner refuse to hand over account books and the motor cycle but also quarrelled with the former.