CHANDAN MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the criminal prosecution of the petitioner in connection with Golmuri (Burma Mines) P.S. Case No. 14 of 2005 corresponding G.R.No.220 of 2005 including the order dated 28-3-2005 by which cognizance of the offence was taken under Section 414 of the Indian Penal Code by the Chief Judicial Magistrate Jamshedpur against the petitioner now pending in the Court of Shri S.K.Choudhary Judicial Magistrate Jamshedpur.

(2.) The prosecution story in short was that when the informant Sub-Inspector of Police Umesh Prasad Singh was engaged in checking of the vehicles on the highway he suspected as such had given signal to the riders of two motor-cycles coming from the side of railway station heading towards Burma Mines to stop but the riders speeded their motorcycle however they were intercepted on chase. The rider of Splendar Hero Honda Motor-cycle No. JH05E/8972 Mukesh Sharma disclosed his name parentage and address and its pillion rider disclosed his name being Chandan Mishra i.e. the petitioner herein. The rider of the L.M.L. motor-cycle disclosed his name being Sanjay Kumar Sinha and on interrogation the pillion rider disclosed his name Madhupal. The informant suspected foul play on examining the Hero Honda motor-cycle as a different Registration number was found behind the registration plate put on the said motor-cycle and its handle lock was also found broken. The rider Mukesh Sharma admitted his guilt before the informant and stated that Splendor Hero Honda motor-cycle was stolen one and all of them were proceeding for the disposal of the said motor-cycle. All the accused including the petitioner were arrested and F.I.R. was lodged under Section 414 of the Indian Penal Code against all of them. A seizure list of the motor-cycles was prepared. The police after investigation submitted charge-sheet against them under Section 414 of the Indian Penal Code accordingly cognizance of the offence was taken under the said section against them.

(3.) Mr. Das learned Counsel submitted that the theft of the motor-cycle in question was instituted by one Shyamlendu Mohan Ghosh giving rise to Adityapur P.S. Case No. 25 of 2005 for the alleged offence under Section 379 of the Indian Penal Code against unknown as he reported missing of his motor-cycle from the parking place. The petitioner after being apprehended in the instant case viz. Golmuri (Burma Mines) P.S. Case No. 14 of 2005 was also remanded in Adityapur P.S. Case No. 25 of 2005 and after submission of charge-sheet cognizance of the offence was taken by the Court of C.J.M.Saraikella under Section 379 of the Indian Penal Code against him on 27-3-2006. In that manner two cases were instituted viz. one for recovery of motor-cycle at Golmuri (Burma Mines) Police Station and another for theft of the said motor-cycle at Adityapur Police Station.