MUKHTAR AHMED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application under Section 482 read with Section 407(l)(C)(ii) of the Code of Criminal Procedure (hereinafter to be referred as Code has been filed for quashing the order dated 21-3-2003 passed in Complaint Case No. 20 of 2003 and/or in alternative for transfer of the said complaint case No. 20 of 2003 pending in the Court of Shri R.K. Mishra, learned Judicial Magistrate, 1st Class, Madninagar at Daltonganj.

(2.) The only contention of the learned counsel for the petitioners is that on the basis of an anonymous letter that stolen jeep No. WB 42 B 9029 involved in Garhwa P.S. Case No. 205 of 1999 dated 15-12-99 under Section 379 IPC by its owner Mukhtar Ahmad is stationed near the house of one Kartman Mian bearing number plate of BR 15P 0427 and on verification, the aforesaid jeep was found stationed on the road in front of the house of one Pradeep Singh and Kariman Mian on inquiry stated that he had purchased the jeep for a price of Rs. 1,00,000/- from Basir Ahmad of village Bhanbigha, P.S. Haidarnagar, District- Palamau and for want of space the jeep is parked near the house of Pradeep Singh and the said jeep was brought to the Garhwa P.S. and on verification from the transport office, Palamau, it was found that the old number of the jeep is UP 65 0557 which was registered in Banaras and subsequently on 18-9-2000 the new number of the jeep was allotted as BR 15 P -0427 from the Daltonganj transport office and chassis number of the jeep has been erased and engine number has also been punched. Further case of the petitioners is that previously number of the jeep was UP - 65 - 0557 and on verification from Banaras transport office, it was found that UP 65 0557 is the number of Priya Scooter registered in the name of one Shri Manju Rawat and on perusal of the owner book of the said jeep issued from the office of District transport, Daltonganj, it was found that at first the said jeep stood in the name of Halima Khatoon, daughter of Samsuddin Ansari of Nimia Dohar P.S. Haidarnagar, district - Palamau and by forgery on 18-9-2001 the said jeep was sold to Bashir Ahmad, son of Taj Maharnmad of village Bhaibigha. P.S. Haidarnagar, District Palamau and thereafter from Daltonganj transport office, ownership of the jeep was got transferred and again Bashir Ahmad by forgery sold to Kariman Mian for Rs. 1,00,000/- under four bank drafts. It is further alleged that Mukhtar Ahmad, son of Nasim Ahmad got Garhwa P.S. Case No. 205 of 1999 under Section 379 IPC registered regarding theft of his jeep bearing registration No. WB 42B 9029 and at that time, for want of evidence, final report 'case true no clue' was submitted and taking advantage of the same, Mukhtar Ahmad by removing chassis number and engine number of his own commander jeep WB 42B 9029 cleverly gave a new face of the jeep manufactured forged number and no objection certificate and name and seal of District Transport office, Varansi and by presenting the same in Daltonganj Transport Office with the help of the officers of the said office got allotted a new number BR 15P 0427 in the name of one Halima Khatoon by changing the old number UP 65 0557 and thereafter got owner book transferred in the name of his relative Bashir Ahmad and thereafter Bashir Ahmad fraudulently and by forgery sold the said jeep to Kariman Mian for Rs.1,00,000/- and this Mukhtar Ahmad, Ha lima Khatoon and Bashir Ahmad under criminal conspiracy manufactured forged documents by changing the number of the jeep sold to Kariman Mian fraudulently and thereby committed offences punishable under Sections 467, 468, 471, 120-BIPC. The Garhwa police after investigation submitted charge sheet against Mukhtar Ahmad and Halima Khatoon keeping the investigation pending on other points in Garhwa P.S. Case No. 244 of 2002 dated 25-11-2002. The learned Chief Judicial Magistrate, Garhwa took cognizance on 21 -11 -2003 against Mukhtar Ahmad and Halima Khatoon and transferred the case to the Court of Shri Nasiruddin, Judicial Magistrate, 1st Class, Garhwa for trial.

(3.) O.P. No. 2 Kariman Mian after knowing about the Garhwa P.S. Case No. 244 of 2002 dated 25-11-2002, filed a complaint case No. 20 of 2003 in the Court of learned Chief Judicial Magistrate, Palamau (now Madninagar) at Daltonganj on 6-1-2003 against Basir Ahmad, Mukhtar Ahmad and Halima Khatoon under Sections 406, 420, 467, 468, 471, 120-B and 34 IPC levelling several allegations. The Garhwa police inquired from the complainant and seized the vehicle claiming that it is stolen jeep and the registration number is fake and also seized original papers of the jeep from the complainant and on inquiry complainant came to know the Mukhtar Ahamd had lodged a case being Garhwa P.S. Case No. 205 of 1999 and all the three accused persons fraudulently committed forgery here and there and fraudulently sold the jeep to the complainant knowing fully well that papers are false and fabricated and cheated the complainant for wrongful gains. Learned C.J.M. transferred the said complaint case under Section 192(2) of the Code to the Court of Shri R.K. Mishra, learned Judicial Magistrate 1st Class, at Daltonganj and the learned Judicial Magistrate without holding inquiry and without application of mind, took cognizance in the case against the petitioners and Bashir Ahmad.