LAWS(PAT)-2019-7-155

AMIR LAL ROY Vs. STATE OF BIHAR

Decided On July 17, 2019
Amir Lal Roy Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and opposite party No.2.

(2.) The background of this case is that Deepak Kumar Son of petitioner-Amir Lal Rai lodged Hajipur Sadar P.S.Case No.277 of 2013 relating to alleged occurrence of criminal misappropriation and cheating in respect of the truck bearing Registration No.WB53A-5586 corresponding to Chassis No.426031ARZ202268 purchased by the petitioner. After purchase of the truck, the petitioner had given the same to opposite party No.2, who is non-else than the brother-in-law of the petitioner.

(3.) Thereafter, the informant as well as opposite party No.2 filed a petition for release of the said truck in their respective favour which was turned town by the learned court below on 16.12.2014. The said order was challenged by the informant in Cr. Misc. No.1382 of 2015 and this Court directed that the vehicle be released in favour of the real owner. Thereafter this petitioner claiming to be the real owner filed a petition for release of the truck and opposite party No.2 resisted the claim of the petitioner thereat. In the meantime, forensic report was received wherein it was informed that Chassis No. of the truck was erased and the referred number was placed at the position which forensic laboratory removed and read the correct Chassis No. available on the body of the truck. Thereafter, opposite party No.2 filed a petition for permission to prosecute the informant of this case and this petitioner alongwith the Director of Forensic Science Laboratory for presenting a fictitious and forged report regarding Chassis No. of the truck.