TRILOKI PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this Cr MP the petitioners have prayed for quashing the order taking cognizance dated 22.1.2004 passed by the Chief Judicial Magistrate, Koderma in connection with Satgawa P.S. Case No. 6/02 (G.R. Case No. 42/02). By the impugned order the Chief Judicial Magistrate has taken cognizance of the offences under Sections 414 and 120B IPC against the petitioners.

(2.) THE prosecution case in brief is that on the written report given by one Sarju Paswan, the FIR was lodged. According to the informant, on 22.1.2002 at about 9 P.M. he saw that a loaded tractor was coming from Village -Dhab and was going towards metal road. The petitioners were the occupants in the said Tractor. Sacks of wheat were found loaded on the Tractor. When the informant inquired from the petitioner No. 2, about the destination of wheat, loaded on Tractor, he replied that the informant has no business to make such enquiry or to ask about the destination of wheat etc. In the meanwhile, some villagers assembled and stopped the Tractor. When they asked about the wheat, the driver and the petitioner No. 2 jumped from the Tractor and fled away. However, the petitioner No. 1 was caught hold of by the villagers, No document in respect of wheat could be produced by him. It was guessed that the wheat must be of Public Distribution System and the same was being diverted for the purpose of black marketing.

(3.) ON the basis of the said report, the Police registered a case under Sections 414 and 120B IPC against the petitioners.