NIZAM ANSARI AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Sections 397 and 401 of the Code of Criminal Procedure (in short 'the Code'), the petitioner has questioned the legality of the order dated 31.01.2015 passed by the learned Judicial Magistrate, Bermo at Tenughat in Bokaro Thermal P.S. case no. 28 of 2013 whereby and where under the petition filed by the petitioner, for his discharge under Sec. 239 of the Code, has been rejected.

(2.) The facts of the case, which is relevant for the proper adjudication of the issue involved in this revision application, in short, is that on the basis of the self-statement of S.I. of Bokaro Thermal Police Station, the aforesaid case was lodged under Sections 414/420/467/468/471/120(B) and 34 of the Indian Penal Code on the allegation that an Scorpio vehicle bearing no. HR-30J-7168 of Hamid Khan was seized by the police. The said owner was doing the business of sale and purchase of the old vehicles and during investigation, one Salim Ansari and his driver disclosed that the said vehicle is a theft one and there is no valid paper. Thereafter on the basis of confessional statement of other co-accused, Hamid Ansari and Salim Ansari, the name of this petitioner came in the light as a dealer, who along with Anul Khan, the brother-in-law of Hamid Khan, on the instruction of Hamid Khan, sold the vehicle in question. It was also disclosed that this Scorpio vehicle was used in disposing of the dead body of the deceased Matlub Ansari and Md. Hadish after their murder.

(3.) It appears from the record that name of this petitioner came in the confessional statement of co-accused persons but the investigation of this petitioner was kept pending and the first charge sheet was submitted against co-accused Nazim Ansari and after completion of the investigation, supplementary charge sheet was submitted against this petitioner also showing sufficient material to proceed against him.