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1999 DIGILAW 428 (PAT)

S. S. Waraich v. State Of Bihar

1999-05-18

NARAYAN ROY

body1999
Judgment Narayan Roy, J. 1. Both these criminal writ applications involve common question of law and facts and, therefore, they have been heard together and are being disposed of by common judgment. By these aplication, the petitioners have prayed for issuance of writ of certiorari quashing the First Informating Report lodged in Bihia P.S. Case No. 057 of 1993 registered under Sections 403, 406, 409 and 420 of the Indian Penal Code against them. 2. learned Counsel for the petitioners submitted that even at the face of the First Information Report, no offence whatsoever is disclosed against the petitioners and, therefore, the First Information Report is liable to be quashed. Learned Counsel further submitted that on perusal of the First Information Report, it would appear that there is some allegation against one Ashok Kumar Khanna who was having an agency of Escorts Limited at Arrah. Learned Counsel further submitted that there is no whisper against either of the petitioners save and except Ashok Kumar Khanna and, therefore, it will be an abuse of process of the Court if the First Information Report is not quashed. 3. I have perused the First Information Report and I have also gone through the case diary. It is alleged in the First Information Report that the informant-respondent No. 2 was in need of a tractor and he accordingly, contacted with Shri Ashok kumar Khanna of Bihar Tractors at Arrah who is alleged to be an authorised dealer of Escorts Limited and on assurance being given by Ashok Kumar Khanna, the informant deposited through Bank Draft a sum of Rs. 47,600/- with Mr. Ashok Kumar Khanna which was to be credited in the bank account of Escorts limited at Patna. Thereafter, the informant again deposited a sum of Rs. 1,02,400/- in cash with Mr. Ashok Kumar Khanna at Bihia and ultimately, when delivery of the tractor was not given to the informant, the informant inquired into the matter from the office of Bihar Tractors at Arrah and he was assured by Mr. Khanna that the delivery shall be made very soon. The informant thereafter went on contacting with Mr. Khanna and ultimately when he got no satisfactory assurance from the office of Mr. Khanna that the delivery shall be made very soon. The informant thereafter went on contacting with Mr. Khanna and ultimately when he got no satisfactory assurance from the office of Mr. Khanna, he went to the Area Manager, Escorts Limited, Patna and enquired from him as to why the delivery of the tractory had not been given to him despite deposits of the entire amount. It is further alleged by the informant that Sri S.S. Waraich, petitioner of Cr. W.J.C. No. 453 of 1993, the area (sic) shall be delivered to him and he need not bother for this. It is also alleged that bank draft worth Rs. 47,600/- which was deposited by the informant with Mr. Khanna was already credited in the bank account of the Escorts Limited at Patna. The informant further alleged in the First Information Report that he had also written letter to the Managing Director, Escorts Limited at Faridabad but no reply was given to him. 4. On perusal of the First Information Report in its entirety, it appears to me that there are certain facts disclosing an offence against the petitioners. From the case diary, it appears that the investigating agency proceeded with the investigation to some extent and thereafter, the investigation was stopped at the behest of the Superintentent of Police. However, from the materials collected in course of investigation, it would appear that Mr. Ashok Kumar Khanna, principal accused of this case, was not interrogated as he was not available and the police despite its best efforts could not find out his whereabouts but it can safely be gathered from the case diary that some transaction had taken place in between the informant and Mr. Ashok Kumar Khanna for supply of the tractor. There are also materials on record to show that a sum of Rs. 47,600/- which was deposited with the Escorts Limited by a bank draft was also debited in the account of the Excorts Limited at Patna. 5. It further appears from the materials on record that Mr. Khanna was the authorised dealer of Escorts Limited at Arrah and his dealership was terminated after filing of the present First Informating Report. The fact that Mr. Ashok Kumar Khanna was the authorised dealer of Escorts Limited is prima facie evidence from the materials on record. 6. 5. It further appears from the materials on record that Mr. Khanna was the authorised dealer of Escorts Limited at Arrah and his dealership was terminated after filing of the present First Informating Report. The fact that Mr. Ashok Kumar Khanna was the authorised dealer of Escorts Limited is prima facie evidence from the materials on record. 6. It is settled that First Information Report ordinarily should not be quashed to cut short the normal process of a criminal trial. It is also settled that quashing of the First Information Report and the investigastion is not permitted to stifle a legitimate prosecution rather the powers should be exercised cautiously ex debito justitise on facts and only when the allegations made in the First Information Report or complaint even if they are taken on their face value and accepted in its entirety do not prima facie constitute or make out a case against accused and where the uncontroverted allegation made in the First Information Report or complaint and the evidence collected in support of the same do not disclose the commission of the any offence andmake out a case against accused, the powers may be exercised by the Court. In this connection, reference can be made to the case of P. P. Kapur V/s. State of Punjab ( AIR 1960 SC 866 ) and to the case of State of Haryana & others V/s. Ch. Bhaajaa Lal and others, AIR 1998 SC 604. 7. I have already noticed above that on perusal of the First Information Report, it appears to me that there are certain facts disclosing an offence. The trend of the investigation, as it appears from the case diary, also prima facie makes it clear that there was some transaction in between the informant and Mr. Ashok Kumar Khanna, the authorised dealer of Escorts Limited at Arrah and a part of the money was debited in the account of Escorts Limited at Patna. Learned Counsel appearing on behalf of the petitioner, however, submitted that even assuming that there are certain facts disclosing an offence in the First Information Report, there is no fact disclosing an offence against petitioner No. 1 of Cr. WJC NO. 606 of 1993. 8. It is true that there is no specific allegation in specific terms against petitioner No. 1 Rajan Nanda of Cr. WJC NO. 606 of 1993. 8. It is true that there is no specific allegation in specific terms against petitioner No. 1 Rajan Nanda of Cr. WJC No. 606 of 1993 but there is averment in the First Information Report to the extent that the informant had also made complaints to the Head Office at Faridabad of Escorts Limited of which petitioner No. 1 Rajan Nanda is the Managing Director. I have already noticed above that Mr. Ashok Kumar Khanna, who is said to be the prime accused in this case, was the authorised dealer of Escorts Limited. Considering these aspects of the matter, it appears to me that there is reasonable nexus in between ac cused-persons and it would not be proper at this stage to quash the First Information Report as investigation is still continuing. 9. Considering the facts and circumstances of the case and for the reasons discussed above, I do not find any merit in these applications. They are, accordingly, dismissed. 10. The investigating agency is directed to conclude the investigation as far as it is possible and preferably within a period of six months from today. However, till the investigation of this case is completed, no coercive steps shall be taken against the petitioners of both these writ applications. It is made clear that Mr. Ashok Kumar Khanna is not the petitioner in either of the criminal writ applications.