DOONGAR SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition under Section 482 Cr.P.C. is directed against the order dated November 2, 1987, passed by the Additional Chief Judicial Magistrate, Rajsamand, taking cognizance against the petitioner under Section 409, I.P.C.

(2.) FATEH Singh filed a complaint on August 28, 1981 against Doongar Singh and Gopi Lal under Sections 409 and 420 I.P.C. in the Court of the Judicial Magistrate, Kumbhalgarh, alleging therein that Dongar Singh lodged a First Information Report at the Police Station, Charbhuja with respect to bus No. RJY 2428 that the said bus had been taken away by Fateh Singh. The police seized the bus and produced the bus in the Court. Doongar Singh and Fateh Singh, both, applied for the custody of the bus, but the learned Magistrate gave the custody of the bus to Doonga' Singh. Both the accused Doongar Singh and Gopilal submitted the surety bonds and took the custody of the bus on certain conditions. The police, after necessary investigation, presented the Final Report and the learned Magistrate, by his order dated August 11, 1981, directed Doongar Singh to produce the bus at the Police Station, Charbhuja, and to submit the receipt in the Court regarding the production of the bus at the Police Station. It was, also, alleged that the Court ordered that the custody of the bus may be given to the complainant Fateh Singh. Accused Doongar Singh did not produce the bus at the Police Station, Charbhuja, and, therefore, Fateh Singh moved an application and on that application, the Court directed the police to seize the bus. The police recovered the bus from the jungle, but the engine and certain other parts of the bus were missing. It was, therefore, prayed that the accused has, thus, committed an offence under Sections 409 and 420 I.P.C. This complaint was sent by the learned Magistrate for investigation under Section 156(3) of the Code of Criminal Procedure to the Station House Officer, Police Station, Charbhuja, and the police, after necessary investigation presented the challan against the accused -petitioner under Section 409, I.P.C. The learned Magistrate, on the presentation of the challan, after perusing the challan -papers, took cognizance against the petitioner under Section 409, I.P.C. by his order dated July 31, 1982. The learned Magistrate, thereafter, heard the counsel for the petitioner and the Assistant Public Prosecutor for framing the charge and by his order dated November 2, 1987, framed the charge against the petitioner under Section 409, I.P.C. It is against this order that the present petition under Section 482 Cr.P.C. has been filed.

(3.) HEARD learned Counsel for the petitioner and the learned Public Prosecutor.