Order 1. This application is being disposed of at this stage after hearing both the parties and with their consent as also in accordance with the order dated 11-1-1989. 2. The petitioner has challenged the validity of the order of the Judicial Magistrate taking cognizance for an offence u/s 414 I.P.C. 3. In the F.I.R. it is alleged that a truck loaded with rods of ERICON was found turtle on the road Hear Boharijor P. S. When the police arrived no document could be produced about the rods in question but it was disclosed that the same was being carried for turning. Since no paper was produced for removing these iron rods from the working site it was suspected that the petitioner was removing it illegally with intention to commit theft. After investigation charge sheet was submitted for offence u/s 414 I.P.C. 4. Undoubtedly the petitioner being contractor of the ERICON was carrying these iron rods in accordance with the agreement for the work assigned for which he had been entrusted with the materials like cement, iron rods etc. since the goods were meant for being carried by the petitioner in order to complete the contract work in pursuance of the agreement one cannot vizualise the situation how the petitioner can be held guilty for an offence either u/s 379 I.P.C. or 414 I.P.C. The fact remains that the department never filed any case for theft of the said article. Since an offence u/s 379 I.P.C. is itself not established on the facts of the present case, there is no reason how cognizance could be taken u/s 414 I.P.C. lf there was no receipt granted for the same there might be some official irregularity, but for the said lapse on the part of the department not issuing the receipt it would not bring the offence u/s 414 I.P.C. The ERICON department never filed case against the petitioner and the petitioner had never been prohibited from carrying these articles in order to carryout the work as per the agree met in question. 5. In this view, the order taking cognizance contained in Annexure-3 is quashed and the application is allowed.