PRAN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 4.12.2001 whereby and whereunder the learned Chief Judicial Magistrate, Chatra took cognizance of the offences under Sections 420, 467, 469 and 471 of the Indian Penal Code in connection with Pratappur P.S. Case No. 4 of 2001 corresponding to G.R. Case No. 72 of 2001.

(2.) There is an allegation that on the confidential information, the Officer-in-Charge including the other police officials rushed to the Hotel of Lato Ram in Village Kasmar, P.S.Pratappur, District Chatra and on inquiry one Rajdoot Motorcycle bearing registration No. 7676 was seized. From the dicky of the said Motorcycle certain documents were recovered connecting the papers of different development plans regarding Jaldhara Sichai Case No. 78/98-99, Jaldhara Sichai Kup Case No.,121/98-99, Indira Awash Youjna No. 49/97-98 and other relevant documents including the Measurement Books of the construction but the petitioner-accused could not answer satisfactorily as regards to the possession of the said Government document. It was reported that the petitioner has some link with MCC and is keeping those papers for personal gain. Accordingly first information report was lodged. The police investigated into the case and submitted charge-sheet, finding a prima facie case against the petitioner for the offences aforesaid.

(3.) The learned counsel for the petitioner submitted that the learned Court below committed error in taking cognizance of the offences aforesaid against the petitioners without applying the judicial mind and also mechanically, as all the documents said to have been seized, have already been released in favour of the petitioner by the order of the larned Chief Judicial Magistrate and so the case relating to forgery or cheating does not arise. It is further submitted that none of the witnesses supported the case of the prosecution in any manner. It is also submitted that though the Motorcycle was seized but no case under Section 411 or 414 of the Indian Penal Code has been registered. It is also contended that one Assistant had given said Yojna Files to the petitioner for handing over the said documents to the Block Office and, as such, no case is made out and the order impugned is fit to be quashed.