SANGEETA Vs. STATE AND ANR

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure 1973, seeking quashing of an order dated 29.11.2005, of the Metropolitan Magistrate (hereafter called the impugned order and the trial Court respectively). The petitioner is complainant in a First Information Report (FIR); she has alleged that the respondent (hereafter called the Accused) committed offences punishable under Sections 380/411/506 IPC.

(2.) The petitioner claims to be operating under the name and style of M/s Isan Sky Explorers, is head of Ballooning India Association and also actively involved in aero adventure activities. She had applied for security clearance for operating Hot Air Balloon, from the Civil Aviation Department, the Government of India. She alleged that the accused, a Hot Air Balloon Pilot with the requisite certificate/ licence had come into contact with her concern, and had requested her for loan to purchase components and accessories for a second hand balloon donated to him by some one as well as for his personal necessities.

(3.) The petitioner complainant alleged that as the accused was unable to repay his loans, he sold the hot air baloon by an agreement dated 28.11.2002 and handed over the balloon to her which was kept in Western, Avenue Sainik Farm. She alleged that the accused dishonestly removed the balloon on 14.3.2003 which led to filing of the FIR. He allegedly avoided orders and moved an anticipatory bail application which was declined on 23.2.2004 He thereafter moved this Court and was granted protection by an order dated 21.5.2004 subject to his joining investigations. As he did not comply with the Court s order, his bail application was rejected on 6.8.2004 Eventually on 14.8.2004 the police recovered a property but the accused successfully avoided the police and moved an application for release of case property which was granted to him by the impugned order. It is alleged that the accused moved for anticipatory bail before the Supreme Court which granted that to him on 15.11.2004 He is now facing trial and the charges have been framed.