RADHAMOHAN AGARWALLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has challenged the order passed by the trial court holding that there is a case for framing a charge against him under section 406 of the Indian Penal Code and has prayed for quashing the criminal proceeding. The prosecution case has been set out in the impugned order. Briefly stated, the allegations are that having been entrusted with steel plates belonging to the Paradip Port Trust for transport on a contract basis from Bhubaneswar to Paradip through trucks, the petitioner, having received the stock through his agents in his capacity as the proprietor of M/s. Konark Transport, committed criminal breach of trust in respect of sixteen plates on July 22, 1981. On a consideration of the materials collected in the course of investigation, the learned Magistrate has passed the impugned order.

(2.) When an accused seeks to quash the criminal proceeding against him, certain well established principles of law may be kept in mind. Criminal proceeding instituted against an accused shall ordinarily be proceeded with in accordance with law. Where, however, the allegations made in the first information report or in the complaint, even on their face value and if accepted in their entirety, do not constitute an offence or the impugned order clearly brings about a situation which is an abuse of the process of the court or for the purpose of securing the ends of justice, interference by the High Court is necessary, the High Court may exercise its power to quash the criminal proceeding.

(3.) It has been stated by the drivers or the trucks, as can be seen from the case diary, that while the articles entrusted with the petitioner for carriage were being transported, the petitioner detained the vehicles and got unloaded the pieces of plates in respect of which he is alleged to have committed criminal breach of trust in spite of their protest saying that it was none of their business. This had been done by the petitioner to cause wrongful gain to himself and wrongful loss to the Paradip Port Trust. Shortage was deceased at the time of the delivery.