GOBINDA CHANDRA BORA Vs. AMAL KUMAR BARPUJARI

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner for quashing the proceeding of the complaint case being case No. 571C/94 pending before the Judicial Magistrate, Ist Class, Guwahati.

(2.) On 17-5-94 the opposite party as complainant filed a complaint before the Chief Judicial Magistrate, Kamrup alleging that the complainant purchased a Maruti van bearing registration No. AS-01/C-2406 from the petitioner for a price of Rupees 1,20,000/-, on 18-10-93 and on 26-10-93 the said van was registered in the name of Smt. Monideepa Barpujari, the wife of the complainant. Further allegation is that the petitioner came to the residence of the opposite party complainant at about 11-30 a.m. on 2-5-94 and informed him that a team of Madhya Pradesh Police has come to Guwahati to verify the records in DTO Office and the said team had already taken stock of the records. That on the same day the said police came to his residence and seized the van, keys and RC book and took the complainant and his friend Nekib Hussain to the residence of the accused petitioner. It is also stated that the accused confessed that the van was a stolen property; that the van is also subject matter in TT Nagar PS (Bhopal) Case No. 83 /R/92 u/S. 379, IPC as the van was a stolen one. Complainant's case is that in spite of knowing the said van as a stolen property, the accused petitioner had induced the complainant to buy the van for which he is guilty u/S. 420/414, IPC.

(3.) On receipt of the complaint the trial court on transfer of the case examined the complainant on oath and being satisfied of the existence of a prima facie case took cognizance and issued process accordingly.