JUGAL KISHORE SARAF Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Sections 397/401/482 of the Code of Criminal Procedure, 1973 for quashing the order dated 11.10.1988 of the learned Additional Chief Judicial Magistrate, Nagaon in G.R. Case No. 5060/ 83 framing charge against the petitioners under Sections 407/34 of the Indian Penal Code.

(2.) The facts of the case are that a First Information Report was lodged by the Managing Partner of Regal Trading Company in his letter dated 26.7.1983 before the Officer-in-Charge. Nagaon Police Station, Nagaon stating therein that a consignment of 30 chests of tea was sent by the Head Office of Regal- Trading Company through M/s. East Indian (Assam) Transport Organisation under Consignment Note No. EITO/1309 dated 9th JulyT 1983. It is further stated in the said FIR that M/s. East India (Assam) Transport Organization, Dibrugarh informed the informant that the consignment was despatched on 14th July 1983 by Truck No. ASG 6501 and was delivered to their agent M/s. Tezpur Roadways, Daccapatty, Nagaon on 15th July 1983. Thereafter, M/s. Tepur Roadways instead of delivering the consignment of M/s. Regal Trading Company have sent the said consignment to Gauhati without the express permission from M/s. Regal Trading Company. As per the said F.I.R., the value of the consignment would be Rs. 2500/-.

(3.) Pursuant to the said FIR an investigation was carried out and after recording statements under Section 161 Cr. P.C. and seizing documents the police submitted a charge-sheet on the basis of which a charge under Section 407/34 of the IPC has been framed by the learned Additional Chief judicial Magistrate, Nagaon in GR. Case No. 5060/83 against the petitioners who also belong to MIs. Tezpur Roadways.