RAJ NARAYAN TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS in the instant application under section 482 of the Code of Criminal Procedure, have prayed for quashing the order dated 29.08.2005 passed by the Judicial Magistrate in Complaint Case No. 12 of 2005, whereby the learned court below has taken cognizance of the offences under section 407 I.P.C. against the petitioners. The further prayer made is for quashing the entire criminal proceedings which is pending against the present petitioners following the impugned order of cognizance. Heard counsel for the petitioners, counsel for the opposite party no. 2 and also counsel for the State.

(2.) LEARNED counsel for the petitioners has assailed the impugned order of cognizance on the ground that it is illegal and has been passed without application of judicial mind and as a matter of fact, by suppressing material facts and misrepresenting the facts, the complainant has managed to obtain the impugned order of cognizance for the criminal prosecution of the petitioners only to harass them.

(3.) COUNSEL for the opposite party no. 2 on the other hand submits that the facts of the case would confirm that though the goods were entrusted to the petitioners' road carriers for delivery to the consignee namely, Mahabir Kali and Co., Deoghar (Accused No. 3), but despite the specific instructions not to deliver the goods to the consignee, the present petitioners, in connivance with the said consignor, failed to return the goods to the complainant and have thus misappropriated the goods.