MD NASIMUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the order dated 16.10.1995 passed by the Special Magistrate, C.B.I. Patna in R.C. 25(S)95 whereby the learned Magistrate has taken cognizance against the petitioner under Sections 420 and 197 of the Indian Penal Code.

(2.) A first information report (copy at annexure 1) was filed against the petitioner by the Inspector, C.B.I. SPE, Patna, alleging that the petitioner has obtained the dealership of Petrel Pump from the Indian Oil Corporation by making false statement regarding his annual income in the application form. It is alleged that only those persons were eligible to get dealership of a petrol pump whose annual income did not exceed Rs. 50,000/ - (Rs. fifty thousand). The petitioner disclosed his annual income to be Rs. 30,000/ - from the property and Rs. 15,000/ - from his agricultural land. He concealed the fact that he also derives income from M/s Hindustan Transport, Banjari, Rohtas of which he is the owner. It was alleged that by concealing the real income the petitioner has cheated the Indian Oil Corporation and obtained the dealership of retail outlet of Indian Oil Corporation by stating that his income did not exceed Rs. 45,000/ -.

(3.) AFTER investigation charge sheet was submitted against the petitioner. The copy of the charge sheet is at annexure A of the counter affidavit filed by the opposite party. The learned Magistrate after perusal of the charge sheet and the case diary found the prima facie case against the petitioner and accordingly took cognizance against him for the offences punishable under Section 420/197 of the Indian Penal Code by impugned order dated 16.10.95.