BIRENDRA TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, who was proprietor of Patna Transport Organisation, has approached this Court while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 10.8.1999 passed by Sri B.K.Tiwari, learned Judicial Magistrate, 1st Class, Patna in Complaint Case No. 505 ( C) of 1998. By the said order, the learned Magistrate has taken cognizance of offences under Section 407 and 120B of the Indian Penal Code.

(2.) Short fact of the case is that Opp.Party no.2 filed a complaint in the court of learned Chief Judicial Magistrate, Patna, which was registered as Complaint Case No.505(C) of 1998 for the offences under Sections 407, 420/120B of the Indian Penal Code against the petitioner and his two Managers. The petitioner was arrayed as accused no.1 in the complaint case. It was alleged in the complaint petition that the complainant had booked consignment at Calcutta office of the accused for delivery of the same at Patna and Nawadah. The detail of goods with invoice has been mentioned in paragraph-2 of the complaint petition, which indicates that the total value of consignment was Rs.6, 40,098.47. It has been alleged in the complaint case that the accused persons were required to release the consignment after production of the transport receipt /lorry receipt. However, it was alleged that the accused transporter had delivered the goods or consignments to somewhere else without production of transport receipt and accordingly, it has been alleged that the transporter has committed offence of criminal breach of trust. It has been alleged that the petitioner has committed offence under Section 407, 420 and 120B of the Indian Penal Code. After the complaint was filed and enquiry was completed, the learned Magistrate by the impugned order i.e. order dated 10.8.1999 has taken cognizance of offences under Section 407 and 120B of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition. On 27.11.2000, while issuing notice to Opp.Party no.2, this Court directed that in the meantime, further proceeding in the court below as against the petitioner shall remain stayed. Subsequently, on 13.7.2001, the case was admitted for hearing and it was directed that till further order is passed, interim order dated 27.11.2000 shall continue. The order of stay is still continuing.