OM PRAKASH SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceedings arising out of Chirkunda (Maithan) P.S. Case No. 194 of 2002 corresponding to G.R. Case No. 3057 of 2002 as against implication of the petitioner for the offence under Section 414/34 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Dhanbad.

(2.) THE brief fact of the case is that a truck bearing registration number A.P.7W -3366 was intercepted by the Maithan Police on the secret information, carrying coal without valid permit. The driver of the truck was arrested on chase by the police and on the information collected from the said driver, In - charge of the Maithan Police out post sent a written report on the basis of which a case was instituted against the driver, owner of the said truck and others. The police after investigation submitted charge sheet against the driver pending investigation against the truck owner as well as owner of the coal as mentioned in the same paragraph of the charge sheet submitted by the Investigating Officer. The cognizance of the offence was taken under Section 414/34 of the Indian Penal Code.

(3.) SUBMISSION has been made on behalf of the petitioner that cognizance of the offence was taken on 28.1.2003 on the basis of the charge sheet submitted on 17.1.2003. But after lapse of eight months, the petitioner was made accused, though from the bare perusal of the written report, no offence was made out against him for want of reporting of the offence under Section 379 or 380, no case can be registered under Section 414/34 of the Indian Penal Code and, therefore, the present case is the abuse of the process of the court.