BALWANT SINGH KALER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER , by way of instant petition, under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), seeks quashing of FIR No. 24 dated 24.2.2012 under Section 382 of the Indian Penal Code ('IPC' for short), registered at Police Station Raikot, District Ludhiana Rural and the subsequent proceedings arising therefrom.

(2.) NOTICE of motion was issued and pursuant thereto, reply by way of affidavit dated 12.9.2012 was filed on behalf of the respondent -State.

(3.) DURING the course of enquiry, it transpired that complainant had taken a loan of Rs. 8 lacs from the company, for the abovesaid truck. This amount including interest thereon, was to be returned by the complainant. He defaulted in making the payment and an amount of Rs. 2,43,440/ - was outstanding against him. Initially, allegations levelled by the complainant were not substantiated. The enquiry was conducted by the police without registering FIR. However, the enquiry report was not accepted by the Senior Superintendent of Police, Jagraon, Ludhiana and directed the authorities to register an FIR and thereafter, conduct an investigation in the matter. During the course of investigation, on 11.4.2012, the abovesaid truck alongwith some other articles was recovered from the premises of the company at village Kotla, District Jalandhar. It has been so stated in the reply filed on behalf of the State. It has been further stated in the preliminary submissions that petitioner and other accused could not be arrested till 12.9.12 and final report under Section 173 Cr.P.C. will be presented in the court of Illaqa Magistrate, after arresting the petitioner and other accused.