GYAN PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this petition under Sec. 482 Cr.P.C., prayer has been made for quashing/setting aside order dtd. 16/2/2015 (Annexure P-1) of the Sub Divisional Judicial Magistrate, Naraingarh, framing charge against the petitioner under Sec. 411 IPC and order dtd. 5/3/2015 (Annexure P-2) of the Revisional Court, whereby the order Annexure P-1 of the trial Court was affirmed dismissing the revision filed by the petitioner.

(2.) Briefly, on 11/7/2007, a truck bearing registration No. HR- 37-B-0469, owned by co-accused Nishan Singh, driven by co-accused Mousam, after loading 1578 boxes of insecticides started from Mohali to Pune (Maharashtra). However on 15/7/2007, aforesaid driver of the truck, namely; Mousam got recorded his statement to the police that in the early morning of 12/13/7/2007, one black coloured 'Bolero' chased and stopped them near village Kakar Majra on Panchkula Shahbad road and 7-8 persons alighted from it and overpowered them with the help of country made pistols. After covering his eyes with cloth, they kidnapped him and made him to sit in 'Bolero'. After covering some distance, threw him in sugarcane fields. The unknown assailants also snatched Rs.6000.00 from him.

(3.) On the basis of above statement of Mousam, FIR No. 72 dtd. 15/7/2007, under Sec. 395 IPC at Police Station Shehzadpur, against unknown assailants. During investigation, the aforesaid truck loaded with insecticides was taken into possession. It revealed that complainant-Mousam, his owner Nishan Singh, in conspiracy with petitioner-Gyan Parkash and one other accused, namely; Nepal Singh, with an intention to misappropriate the goods loaded in the truck, cooked up a false story of dacoity. Consequently, aforesaid FIR was converted into offence punishable under Ss. 406, 407 and 120-B IPC, while deleting Sec. 395 IPC.