SHARAD AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) - This writ application has been filed for quashing the police investigation in Sasaram (Town) Agrer Police Station Case No. 575/91 dated 18-11-1991 and consequent prosecution of the petitioners, which is pending in the court of Chief Judicial Magistrate, Sasaram.

(2.) Respondent No. 5, Ramjee Singh, submitted a written report before the office-in-charge of Agrer Police Station on the basis of which the aforesaid case was registered at the said police station for prosecution of the petitioners under Sections 408, 428, 468, 469 and 471 of the Penal Code.

(3.) Case of the prosecution, in short, is that Bus No. B E.Z 258, was unregistered in the name of the informant, respondent No. 5. Petitioner Nos. 1 and 2 are partners of the firm, M/s Commercial Finance Corporation and petitioner No. 3 is its representative. It is said that on 2-2-1991 the accused persons approached the informant and requested him tb dehver the aforesaid vehicle for two days for the use of their family membirrs. The informant acceded to the request and delivered the vehicle to the accused persons but they did not return the vehicle Later on 11-4-1991 when the informant mad petitioner No. 1 he was told that the ownership of the vehicle was transferred in the name of petitioner No. 1 by the concerned District Transport Officer. The informant thereafter approached the District Transport Officer requesting him to cancel the order of transfer as upon false paper produced by petitioner No. 1 the transfer order was obtained.