JAI KUMAR PRASAD ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the writ petitions were heard together as they are arising out of the same order and are being disposed of by this common order.

(2.) These writ applications have been filed for quashing the order dated 4-6-2002 passed in Cr. Rev. No. 31 of 2001, whereby and whereunder the learned Sessions Judge, Giridih dismissed the revision application for release of the vehicle bearing registration No. BR-20P-0505 in favour of the petitioner Jai Kumar Prasad Roy in connection with Jamua PS Case No. 118/2001.

(3.) The short facts giving rise to these writ petitions are that one Shri Raj Kishore Roy 'Akela', respondent No. 3 lodged an FIR alleging therein that Bus bearing registration No. BR-20P-0505 was purchased by him which was financed by M/s. Suresh Automobiles, Chas, petitioner of W.P. (Cr.) No. 190 of 2002 and the petitioner Jai Kumar Prasad Roy stood as guarantor before the Financier. On 28-6-2001 the Informant had gone to Ranchi due to some urgent work and in his absence the brother of Jai Kumar Prasad Roy namely, Bhudev Roy and the owner of Suresh Automobiles came to his house and asked to bring the Bus for necessary repairing and the said vehicle was taken by those persons. On 4-7-2001 when he returned from Ranchi then he came to know about taking away the Bus and thereafter he went to Chas to bring the vehicle on 5-7-2001. Thereafter he came to know that the said vehicle has been transferred on the basis of forge affidavit and by the forge signature. The name of the vehicle was also changed. It is further alleged that the Informant had spent Rs. 5 lacs and the total value of the vehicle was about Rs. 9 lacs and he had only taken Rs. 3 lacs from Financier as well as he had paid Rs. 4 lacs to the Financier. Accordingly, the FIR was lodged under Sections 409, 467, 468, 412, 420, 120B of the Indian Penal Code.