NIRANJAN LAL TODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482, Cr PC for quashing the entire criminal prosecution being Mandu P.S. case No. 177 (6) 97 pursuant to the complaint case No. 110/97/133/97 under Sections 363, 367, 381, 379 and 120-B of the Indian East Cr C 31 Penal Code, pending before the Chief Judicial Magistrate, Hazaribagh.

(2.) It appears that opposite party No. 2, the complainant initially filed a complaint case No. 133/97 before the Chief Judicial Magistrate, Hazaribagh against the petitioners accused persons which was subsequently forwarded to the officer incharge of Mandu Police Station, for investigation under Section 156(3), Cr PC. The police, thereafter registered the same as Mandu P.S. case No. 177(6)97 under the aforesaid sections of the Penal Code.

(3.) The case of the complainant is that one truck bearing registration No. BR 13G-8585 was financed to his son under hire purchase agreement by M/s. Manas Credit Ltd., a sister concern of M/s. Bhasker Credit Ltd., which ultimately amalgamated in the said Bhasker Credit Ltd. It was alleged that instead of Rs. 3,82,100.00 payable under the hire purchase agreement an amount of Rs. 4,17,021.00 has already been paid to the aforesaid financier including the amount of Rs. 1,20,976.00 which was deposited by the complainant for financing the vehicle to one Tarik Hussain which was latter requested by the complainant to be adjusted in the account of financing of the aforesaid vehicle. It is further alleged that inspite of the aforesaid payment the petitioners did not issue no objection certificate and took possession of the truck on 10.6.97 from the driver of the truck at the point of revolver and also snatched away Rs. 11,000/- from the driver. It is alleged that the petitioners are, therefore, guilty of the offence under the aforementioned sections of the Indian Penal Code.