VIJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under section 482 of the Code of Criminal Procedure for quashing of the criminal complaint filed by Prahlad Rai son of Inder Dev resident of village Milkhpur. The complaint was lodged with the police and the contents of the First Information Report are reproduced in paragraph No. 1 of the present petition which is reproduced here :

(2.) A bare perusal of the allegations mentioned above would make it clear that there is, hardly any allegation of entrustment and cheating made in the complaint warranting the registration of the First Information Report. In other words, the various ingredients of section 406/420 of the Indian Penal Code have not been alleged in the complaint. Moreover, once the coal was not supplied and in lieu thereof the complainant accepted the offer of the petitioner for having truck No. UHN-443, there ends the matter as regards offence under section 406/420 of the Indian Penal code, is concerned. It appears that the state machinery is being used by the complainant in order to coerce and pressurize the petitioner. The very words in the end of the complaint which are quoted below would show that the petitioners were told that either the truck be returned or the complainant shall get the cast registered in the police station against them. The following words will support the observations made by me :