RAMA SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have filed the present application for quashing the order, dated 14-7-1994 passed by the Judicial Magistrate, 1st Class, Hazaribagh, in Mandu P. S. Case No. 226 of 1993 (Trial No. 292/94) whereby application filed by the petitioners for their discharge for the offence under Section 420 of the Indian Penal Code has been rejected.

(2.) The present application is the second attempt made by the petitioners. They had earlier come to this Court in Cr. Writ Jurisdiction case No. 535 of 1993 (R) which was dismissed on 25-1-1994 with observation to take the points at the appropriate stage in the Court below. Thereafter, the petitioners at the time of framing of the charge filed an application on the basis of the allegation no case of cheating is made out, which has been rejected by the learned Magistrate, as stated above.

(3.) The prosecution allegation is that while the officer-in-charge of Kuju outpost was on patrolling duty and on 18-8-1993 at about 9-30 p.m. received information from the local people that a truck is being loaded in the cement factory i.e. M/s. Rishi Cement Company of the petitioner No. 4. The police party intercepted the truck when it was coming out of the main gate of the factory and the driver of the truck informed that 300 bags of cement have been loaded in the factory for its weighment in the weighbridge and thereafter necessary paper will be prepared. On verification it was found that on each bag there was mentioned as A.C.C. Portland slag cement 50 Kgs. net June, 1993 Chibassa. Thus, the informant suspected that the company is engaged in selling its products by falsely using the trade mark of the A.C.C. Cement and as such cheating the public at large. On the basis of the written report lodged by the officer-incharge of Kuju out post a Mandu P.S. case No. 226/93 was instituted. The police officer after investigation submitted charge-sheet. Thereafter, the cognizance was taken and the application for discharge was rejected, as stated above.