STATE OF UTTARANCHAL Vs. NAUSHAD AND ANOTHER

JUDGEMENT

(1.) PW1 Ram Naresh Tyagi wrote a complaint to Inspector Incharge Kotwali, Dehradun on 30.5.2002 enumerating the facts contained therein that on 29.5.2002 at 9 AM, his driver Subodh Kumar went along with Naushad and Feroj. Naushad and Feroj hired the car and services of Subodh Kumar saying that the car was to be taken to Rishikesh. Ram Naresh Tyagi sent Subodh Kumar along with Indica Car No. UA07/B-2545. Driver Subodh Kumar was asked to come back by 6 PM of the selfsame day, but he did not return. It appeared to Ram Naresh Tyagi that Naushad and Feroj have looted the car in question. A search for the driver of the car was made, but to no avail.

(2.) On the basis of the said FIR, which was registered in Police Station concerned as Case Crime No. 349 of 2002 under Section 406 of the Indian Penal Code (hereinafter referred to as IPC) on 30.5.2002 at 9:15 PM, investigation of the case began.

(3.) After the investigation was over, the Investigating Officer, on being satisfied that the accused persons committed the offences punishable under Sections 394, 364, 328, 302 and 201 of IPC, submitted the charge sheet in the court of Magistrate having jurisdiction. The case was committed to the court of sessions.