BHUVNESH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition Under section 482 Cr PC. has been preferred to quash the FIR No. 602/99 of Police Station, Karauli which was registered for offences Under sections 406, 420, 467, 468, 471 & 120-B IPC.

(2.) I have heard learned counsel for the petitioner, learned Public Prosecutor for the State as well as learned counsel for the complainant.

(3.) Briefly stated, a complaint was filed by Suresh Lavania against the petitioner and others alleging that the bus No. RJ-24/P-0341 was purchased from its registered owner Vishnu Lavania for Rs. 6,51,000.00 on 5.8.97. He received the possession of the bus on the same date and it was running on Karauli-Dholpur route. Prem chand came to him in Oct., 1997 along with a boy named Bhuvnesh and wanted to purchse the bus. The transaction was completed and it was agreed that the bus would be sold for Rs. 7,25,000.00. The bus was handed over along with its key on 29.10.98. Then prem Chand came to the complainant on 11.11.97 and wanted to get the agreement to sell. The agreement was executed in the name of Bhuvnesh. It is alleged that Prem Chand put the signature of Bhuvnesh and when he objected, Prem Chand assured that his son would not object. It was also agreed that till all the instalments are paid, the bus would be in their possession as security. Though some instalments were paid yet later on the balance was not paid and then the bus was sold to Babulal. The said Prem Chand Sharma was an employee of police department and he did this under a conspiracy and that by selling the bus to Babulal, the complainant was duped. A sum of Rs. 3,00,000.00 was in balance which was not paid and, therefore, offences Under section 406, 420, 467, 468, 471 & 120-B Penal Code was made out. The complaint was sent to the police and FIR was registered.