ASHOK SINGH AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision has been directed by the petitioners against the order dated 10.4.1996 passed by Sri S.P. Pandey, Judicial Magistrate, Dhanbad in G.R. Case No. 2800 of 1994 (Jharia P.S. Case No. 299 of 1994) under section 414 of the Indian Penal Code whereby and where under prayer of the petitioners to discharge them in this case has been rejected.

(2.) A case under section 414 I.P.C. for storing illegal iron scraps about 20 tonnes suspected to be stolen property has been instituted on 30.7.1994 at 19.00 hours on the basis of the self statement of O/C Bijendra Kumar Das of Jharia P.S. It has been stated in the self statement of the informant that on confidential information a raid was conducted at the godown of petitioner no. 1 Ashok Singh situated at Baniyahir, P.S. Jharia in presence of the independent witnesses and seeing the police force four or five persons present in the said godown fled away scaling the boundary wall and one Kishan Rajwar was apprehended who disclosed that this godown belongs to petitioners Ashok Singh and Ram Sewak Singh. It is also alleged that iron scraps in large quantity was found in the said godown which was seized and a seizure list was prepared and a case under section 414 I.P.C. was instituted against the petitioners. Charge sheet has been submitted in this case on 9.9.1994 under section-414 I.P.C. against the petitioners and cognizance was accordingly taken in the case against the petitioners and the case was transferred to the court of Sri A.K. Srivastava, J.M., Dhanbad tor disposal.

(3.) The petitioners filed a petition on 15.7.1995 praying therein to discharge them in this case on the ground that charge against the petitioners is groundless and there is no material at all in this case for framing charge against them. The learned court below rejected the prayer of the petitioners and framed charge against the petitioners for the offence under section 414 I.P.C. The petitioners being aggrieved by the order aforesaid preferred Cr. Revision No. 81 of 1995(R) before this Court which was allowed on 30.10.1995 and the impugned order dated 15.7.1995 was set aside and the matter was remanded to the learned court below for fresh consideration on the point of discharge. The matter of discharge of the petitioners for the offence under section 414 I.P.C. was heard on remand by the learned court below and vide order dated 10.4.1996 the prayer for discharge was again rejected by the learned court below on the mere ground that investigating officer had suspicion that the seized iron scraps are not the iron scraps auction purchased by the petitioners which gives rising suspicion about the seized iron scraps being stolen property and in this view of the matter it cannot be said that the charge against the petitioner is groundless in spite of the fact that I.O. in para 57 and 60 of the case diary has stated that petitioner Ashok Singh had purchased iron scraps of auction sale on 7.7.94, 8.6.94 and 14.6.94 and also purchased spring Patti of truck from Jagdish Shaw and Raju Shaw on 15.7.1994 and 10.7.1994 coupled with the fact that there is no whisper in the case diary that the aforesaid seized iron scraps are stolen properties.