ANJU KUMAR AGARWAL Vs. STATE OF A P

JUDGEMENT

(1.) The petitioners seek the relief of quashing of FIR dated 19-10-2001 in Cr.No. 494 of 2001 on the file of the Central Crime Station, Hyderabad. The facts relevant for the purpose of this case may be stated as under:- Petitioners 1 and 2 are Directiors of M/s. DRS Transport (P) Limited, undertaking the activity of goods transport. For the sake of brevity, M/s. DRS Transport (P) Limited is referred to as 'the Company' is referred to as 'DRS Transport'. It registered office is at Hyderabad. The Company has undertaken transport of the goods entrusted to it by M/s. Videocon International Limited and M/s. Videocon Appliances Limited, to various places under the concerned invoices.

(2.) On 11-10-2001, M/s. Videocon Export Limited, the 2nd respondent herein, booked certain goods with the Company, for being transported from Ahmednagar to Hyderabad and Vijayawada under Consignment Nos. 0099708 and 0099709. The goods were valued at Rs. 19,61,007.00. On 13-10-2001, the Company addressed letter to the 2nd respondent, stating that the sister concerns of the latter, by name M/s. Videocon international Limited and M/s. Videocon Appliances Limited are due a sum of Rs. 6,96,549/- and till the said amounts are paid, the goods entrusted to it on 11-10-2001 shall be held under mortgage and lien. It was intimated therein that the goods will be released to the 2nd respondent only after payment of the dues referred to above. On receipt of this letter, the 2nd respondent submitted a complaint to the Deputy Commissioner of Police (Crimes), Police Control Room, Hyderabad, on 18-10-2001, alleging that the petitioners have committed offence under Section 407 and 420 IPC.

(3.) The petitioners contend that the FIR does not disclose any ingredients of offence under Sections 407 and 420 of IPC and, even if the contents are taken on their face value, at the most, they can disclose a civil liability. With this, and other ancillary submissions, they seek the relief of quashing of the FIR.