YUDHBIR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Heard.

(2.) The present petition has been filed for quashing the FIR No. 111/91 registered on 16.9.1991 under Section 380 of the Indian Penal Code in Police Station Amb, District Una (H.P.).

(3.) Precisely, the facts giving rise to the present petition are that on 9.9.1991, Police received an information that accused Ram Swaroop in FIR No. 88 of 1991 dated 9.9.1991 registered in Police Station Gagret was in possession of huge quantity of Aluminum wires, which was a stolen property. On this information a ruqua was sent to the police station and FIR No. 88 of 1991 was registered. Police conducted the raid in the shop of Ram Swaroop where the alleged wires were kept by him. Suridner Pal and Milkhi Ram were joined as independent witnesses. During the raid in the shop of said Ram Swaroop, police recovered two gunny bags, containing Aluminum wires weighing about 75 kg in one bag and 30 kg in the another, as such Ram Swaroop was arrested. During his interrogation, he is alleged to have disclosed that the aforesaid Aluminum wires were purchased by him from Shri Yudhbir Singh petitioner herein as such he was also arrested on 13.9.1991. During the investigation, it further came to the notice of the police that aforesaid wires were loaded by the Junior Engineer Om Parkash in the HPSEB truck with the aid of Lineman Kishore Chand and Sat Pal. The said wires were also sold to Ram Swaroop which were kept in the shop. On this information, the aforesaid raid was conducted and the wires were recovered. Thus a challan under Sections 379, 411, 468, 471, 409 and 120-B of the Indian Penal Code was presented in the court for trial of the accused persons i.e. Yudhbir Singh, JE Om Parkash, Ram Swaroop, Kishore Chand and Sat Pal. At the end of the trial they were acquitted of the said offences, as neither the ownership nor even the possession of the Electricity Department was established. Thus, there was no theft or misappropriation of the Government property. In so far as the recovery of Aluminum wires from the possession of Ram Swaroop is concerned, Surinder Pal and Milkhi Ram, who were joined as independent witnesses in the raid did not support the case of the prosecution, rather they denied the recovery of the said wires in their presence from the shop of Ram Swaroop. In the statement under Section 313 of the Code of Criminal Procedure, the accused persons aforesaid have denied any art and part in the commission of the said offence(s). With respect to same recovery, a separate FIR No. 111/91 was also registered against the petitioner herein, which is sought to be quashed.