R. PALANIAPPAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two criminal miscellaneous application under section 482 of the Code of Criminal Procedure, 1973 have been filed for quashing the order dated 06.02.2013 passed by Railway Judicial Magistrate, 1st Class, Patna in G.R.P. Bakhtiyarpur P.S. Case No. 76 of 2010 whereby and where under the learned Magistrate finding prima-facie case for the offence under Sections 420 and 406/34 of the IPC took cognizance of offence and summoned the petitioners and other co-accused.

(2.) The facts in brief is that the informant an Assistant Commercial Manager, East Central Railway, Danapur lodged an FIR with rail police station, Fatuha alleging inter-alia that 42 wagons of one rake loaded with sugar worth Rs. 9,46,85,726/- reached at railway yard/godown at Fatuha on 10.02.2012 for unloading. The sugar was to be unloaded on production of railway receipt. For the release of sugar bags, the proprietor and employees of M/s Shree Shyam Agency, Muzaffarpur contacted Umesh Choudhary, goods supervisor of Fatuha Rail Ware House and on demand of rail receipt by the goods supervisor, the representative of M/S Shree Shyam Agency told that the receipt was not available. The sugar bags were purchased from M/S Thiru Arooran Sugar Limited (in short 'TASL') Chennai and the company had sent the receipt through the courier to Shree Shyam Agency which had not yet been received. The representative of M/S Shree Shyam Agency produced a copy of E-mail which was sent by company on 02.02.2010 along with details of weight of each bags and an application with one cheque for an amount of Rs. 2,16,37,572/- drawn in favour of sugar company as security. The representative further deposited an Indemnity Bond. The goods supervisor on being satisfied with the documents, released the sugar bags in favour of M/S Shree Shyam Agency on 10.02.2010. The petitioner R. Palanniappan of sugar company raised objection regarding release of sugar in favour of M/S Shyam Agency by giving a letter to the Railway. The informant on getting information enquired into the matter and it was found that M/S Shree Shyam Agency in collusion with goods supervisor got the sugar released without taking papers from the consignee. Thereafter the informant lodged the present Bakhtiyarpur P.S. Case No. 76 of 2010 for the offence under Sections 420 and 406/34 of the IPC. The matter was investigated and the police submitted charge-sheet against the petitioners and other co-accused. The learned Magistrate finding prima-facie case for the offence under Sections 420 and 406/34 of the IPC took cognizance and summoned the accused.

(3.) Heard both sides and perused the record.