KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the order dated June 6. 1988 of the learned Sessions Judge. Jaipur City, Jaipur, in Criminal Revision No. 39/88 reversing the order dated Jan. 19,1988 of Judicial Magistrate No. 12, Jaipur City, Jaipur refusing to take cognizance against the petitioner in Criminal Case F.I.R. No. 230/86.

(2.) In short, the facts may be narrated. Non-petitioner No. 2, Prem Chand, filed a complaint in the Court Oi Judicial Magistrate No. 12, Jaipur City, Jaipur, against the petitioner Kishan Lal Chandhu and one Narendra Kumar. The complaint was filed on 9-12-1986 and the learned Magistrate forwarded the same to the Station House Officer Police Station, Jawahar Nagar, Jaipur under Section 156(3) of the Cede of Criminal Procedure. The prosecution case, as detailed out in the said complaint, is that the complainant had handed over 152 bags of Sarson to the accused-petitioner Kishan Lal Chadha, the owner of M/s. Bharat Road Lines, E-6, Transport Nagar, Jaipur, to be transported to Calcutta. On 13-5-1986 be was informed by him (petitioner) that the above 152 bags have been transported to Calcutta in truck No. USA 8014. However, the goods did not reach at the destination. The complainant then approached to the petitioner and the co-accused Narendra Kumar Jain and intimated that the goods had not reached at Calcutta. As per the complainant, the co-accused Narendra Kumar had introduced the petitioner Kishan Lal Chadha with the complainant. Accused Kishan Lal Chadha had also made a report at Police Station Jawahar Nagar, that the bags of Sarson sent by him in the Truck did not reach at the destination. In the said report, he gave out the name of the Driver as Virendra instead of Rambabu, and also gave different No. of the Truck.

(3.) The police registered the crime and started investigation After investigation, the police submitted a negative report under section 169 Cr. P C., which is popularly known as Final Report, so far the petitioner Kishan Lal Chadha and the co-accused Narendra Kumar Jain are concerned. However, it submitted report against t e Driver and Khalasi of the Truck, namely, Virendra and Shivli under Sec. 299 Cr. P.C., as they were absconding. Before accepting the report, the Magistrate gave a notice to the complainant Thereafter, the learned Magistrate, vide order dated 19-1-1988, accepted the Final Report and discharged the bail bonds of the petitioner and co-accused Narendra Kumar.