SUSHIL SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Tanya Singh, learned counsel for the petitioner and Mr. Tarun Kumar, learned counsel for the State.

(2.) This petition has been filed for quashing of F.I.R. dtd. 14/6/2007 in connection with Govindpur P.S. Case No. 155 of 2007, corresponding to G.R. No. 1840 of 2007 and order taking cognizance dtd. 12/2/2008 along with consequential proceedings pertaining to the aforesaid case, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.

(3.) The F.I.R. has been lodged alleging therein that the informant along with his police personnel on the basis of secretive information received, intercepted a 407 Truck bearing Registration No. BR 17G 4059 on which iron pipes and other iron articles were loaded. The driver tried to flee away when the informant gave signal to stop the vehicle, however, later on he changed his mind and stopped the vehicle. The driver disclosed his name as Kamlesh Choudhary and also disclosed the name of the truck owner as Purushottam Singh. He further disclosed that the said iron scraps were loaded from Shakti Traders and also from possession of one Jitu Saw and further told that the said scraps were to be unloaded at Kumardhubi Steel Private Limited. The driver also produced the challan of Shiv Shakti Traders dtd. 14/6/2007 as well as tax invoice. When the informant removed the 'tirpal' covered the truck, he found iron pipes, iron sheets and several other articles which were loaded on the truck for which no paper was produced by the driver. Further the aforesaid articles were not iron scraps. Thus, in presence of independent witnesses, a seizure list was prepared and a case was registered under Sec. 413/414/34 of the I.P.C.