TATA FINANCE LIMITED Vs. RAJDEO SINGH

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and learned Additional Public prosecutor for the State. None turned up on behalf of opposite party No. 2 the complainant.

(2.) THIS application has been filed on behalf of the petitioners for quashing of the order dated 05.01.2004 passed by Judicial Magistrate, 1st Class, Sherghati in complaint case No. 510/2003 and Tr. No. 908/2003 dated 20.10.2003 taking cognizance for the offences under Sections 420/149 of the Indian Penal Code against all the accused persons including the petitioners.

(3.) IT is further stated in the complaint that on 26.08.2003 rest of the accused persons with police officials arrived at the workshop and took away the Truck on the pretext of being representatives of financer of the Truck on getting information the complainant approached accused No. 1 and other officials but nothing could be done in spite of assurance by said Anup Kumar and the Truck which was initially kept at police station was released in favour of other accused persons giving rise to filing of the complaint, wherein cognizance was taken. The petitioners excluding Anup Kumar have come to this Court seeking quashing of the impugned order to the extent affecting their interest.