DAVINDER AND OTHERS Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) F.I.R. No. 44 dated 4.3.1999 under section 392 Indian Penal Code has been registered at Police Station Sadar, Rohtak on the statement of Ramphool Hooda son of Ram Sarup wherein it has been stated that he is the owner of the Mahamaya Finance Company and had on 20.8.1998 financed 3 trucks bearing No. HR-46-3897, HR-46-3697 and HR-46-1105. According to the complainant, the registration certificates for these vehicles were in the name of Bijender son of Tek Ram who was running those vehicles and paying the instalments. The complainant has alleged that Bijender son of Tek Ram told him that Manoj and Davinder sons of Azad Singh, Ashok Pehalwan and Harish Kumar had snatched and taken away the said vehicles near village Brahamanvas, after beating the drivers and snatching a sum of Rs. 10,000/ - from them. The request of the petitioners 1 to 4 for bail in anticipation of arrest having been declined by the Sessions Court, they have approached this Court under Sec. 438 Code Criminal Procedure But, even at the time of issuing notice, this petition in so far as it relates to the 2nd petitioner-Manoj, has been dismissed. Notice was ordered only with regard to the other petitioners - Davinder, Ashok Kumar and Harish.

(2.) I have heard the counsel for both the sides and perused the records on file.

(3.) The learned counsel for the petitioners contends that out of the three vehicles, HR-46-3897 stood registered with the R.T.A., Rohtak in the name of Azad Singh, the father of Davinder and Manoj, whereas HR-46-3697 stood registered with the R.T.A., Rohtak in the name of Ram Phal son of Inder Singh, their relation. The petitioners also contend that these two vehicles were given to Bijender for running the same on hire. According to the petitioners, Bijender was paying the hire amounts for some time, even after the death of Azad Singh on 10.12.1996, but later on stopped making payments inspite of demand. The petitioners contend that they came to know that Bijender had got these vehicles transferred in his name with the R.T.A., Charkhi Dadri on 4.9.1997. It is alleged that he fraudulently produced a forged affidavit of Azad Singh dated 3.9.1997 (annexure P-6) by making somebody impersonate as Azad Singh, who had died even on 10.12.1996. The petitioners also contend that Manoj had lodge a report against Bijender in F.I.R. No. 21 dated 15.2.1999 at Police Station, Kharkhoda regarding this fraudulent transfer and F.I.R. No. 23 dated 16.12.1999 has been lodged by Ram Phal son of Inder Singh at Police Station, Kharkhoda against Bijender Singh regarding the fraudulent transfer of his vehicle in the name of Bijender. The petitioners have produced copies of the FIRs as annexures P-4 and P-5 and copy of affidavit of Bijender as annexure P-8, wherein he had alleged that he had purchased these vehicles.