BHAIYA RAM AND ASURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a misc. petition against the order dated August 8, 1989 of the learned Judicial Magistrate Sumerpur. Under the aforesaid order the learned Magistrate ordered framing of charges against accused -petitioner Under Section 406 of the IPC.

(2.) THE contention of the learned Counsel for the accused -petitioner is that even from the perusal of the complaint which was send Under Section 154(3) Cr. P.C. to the SHO and one case was registered and investigation was undertaken and thereafter a chargesheet was filed, be case Under Section 406, IPC can be made out against the accused -petitioner. The I.O., after investigation, had filed a charge -sheet against the accused -petitioner and two others Under Section 420 and 379 IPC but the learned Magistrate, in the impugned order came to the conclusion that so far as the accused petitioner is concerned, no offence Under Section 420 and 379 IPC is made out and prima facie a case Under Section 406 IPC is made out. The learned Magistrate, discharged the other accused persons.

(3.) IN my opinion, when the petitioner here in was the joint owner of the truck, there was no question of his committing any offence of mis -appropriation Under Section 406 of the Indian Penal Code. Before an offence Under Section 406 can be made out if is necessary that the property should belong to other person and the concept of mis -appropriation of property by the owner thereof is align to the very concept of the section. In my opinion, no case, worth framing charge against the accused petitioner is made. The charge is groundless.