RATAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Miscellaneous Petition under Sec. 482 P.C. has been filed by the petitioner against the Order dated 4.7.2014 passed by the Additional Sessions Judge No. 3, Chittorgarh (for short the 'Revisional Court' hereinafter) in Criminal Revision No. 12/2001, whereby the Revision Petition filed by the petitioner against the Order dated 19.2.2014 passed by the C.J.M. No. 1 Chittorgarh (hereinafter referred as "the Trial Court") has been dismissed. The Trial Court vide Order dated 19.2.2014 has ordered for framing charges against the petitioner along with some other accused persons for the offences punishable under Sections 379, 285, 120-B I.P.C. and Sec. 3 of the Prevention of Damage to Public Property Act, 1984 (for short 'the PDPP Act') and Sec. 15(2) of Petroleum Pipe Line Act.

(2.) Brief facts of the case are that on 18.12.2009, the officials of the Indian Oil Corporation Limited, Chittorgarh submitted an F.I.R. while alleging that at about 3.00 A.M. in the night, they received information in the control room relating to the fact that the pressure of the petroleum pipe line is being decreased. On inquiry, they found that near Badoliya village in the agriculture field of Panna Lal S/o Amar Chand Mali, petroleum pipe line was damaged and diesel was oozing ut and some persons have stolen the diesel from it. On the basis of the implaint, the police has registered F.I.R. and started investigation. During course of investigation, the police has found involvement of petitioner along with other co-accused namely, Pokhar Khatik, Ratan Lal Suthar, Udai Lal Mali and larayan Bheel.

(3.) As per the information furnished by the accused persons Pokhar Khatik, Jatan Lal Sutahr, Udai Lal Mali and Narayan Bheel under Sec. 27 of the Indian Evidence Act, the police has recovered a motor cycle and other equipments used in breaking the petroleum pipe line. The co-accused persons as well as the other witnesses have given statements to the effect that petroleum pipe line was damaged and the diesel was stolen at the instance of the petitioner. The police, after infestigation, has filed charge-sheet against the petitioner along with other persons for the offences punishable under Sections 279, 285 and 120-B I.P.C. ad with Sec. 3 PDPP Act as well as Sec. 15(2) of the Public Pipe Line Act.