KAMAL DUGGAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (in short "the Code"), the petitioner has prayed for quashing of the entire criminal proceeding initiated in connection with C/2 -3204 of 2007 and the order dated 03.10.2007 passed by learned Chief Judicial Magistrate, Jamsehdpur in the said case whereby and whereunder, cognizance of offence has been taken under Sections 182 and 211 of the Indian Penal Code and summons have been issued for appearance of the petitioners.

(2.) The facts of the case, which is relevant for the proper adjudication of the issue involved in this case, in short, is that on the written report of Sri G.Singh, Sub -Inspector of Police of Bistupur Police Station addressed to the Chief Judicial Magistrate, East Singhbhum at Jamshedpur, the aforesaid case was lodged for initiation of proceeding under Sections 182 and 211 of I.P.C. on the allegation that at the instance of the present petitioner Kamal Duggal, Bistupur P.S. Case No. 217 of 2007 was lodged against some unknown thieves with the allegation that on 25.07.2007 at around 8:45 a.m., the storekeeper, responsible for heavy spares shed after opening the shed found that six pieces of starter copper bars were missing and after preliminary investigation, it was found that six pieces of the starter copper bars have been stolen away by some unknown thieves. In course of inspection and from the statement of witnesses and on supervision by Senior Police Officer, it was transpired that in February, 2006, 29 pieces of copper starters were stolen from the Central Supply Store by the thieves by breaking the net, which is at the height of about 35 -40 feet, and one piece of starter was left in the store and for that incidence, Bistupur P.S. Case No. 98 of 2006 was instituted under Section 379 of I.P.C. on 20.03.2006 but the Management did not get the said broken part of the net damaged by the miscreants. Whereafter, some miscreants have again stolen six pieces of copper starters the price of which is about Rs.2,65,000/ -. However after investigation, it was found that the allegation of theft was untrue and false. Accordingly, final form was submitted stating the allegation of offence under Section 461/379 of the Indian Penal Code to be untrue and false. The Investigating Officer, thereafter, prayed for initiation of a proceeding against the informant of that case, who is the petitioner here, for the offence under Sections 182/211 of the I.P.C. Consequent upon that, the present case being C/2 case no. 3204 of 2007 was registered against the present petitioner.

(3.) It appears from the record that the court below took cognizance of the offence and directed to issue summons for the appearance of the accused -petitioner. Hence, this criminal miscellaneous petition.