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Judgment
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Indian Oil Corporation (in short the ‘IOC’).
The present quashing petition has been filed to set aside the order dated 16.06.2016, passed in Sessions Tr. No.-105/2014 arising out of Lakhisarai P.S. Case No.-11 of 2013, whereby and whereunder learned 3rd Additional District & Sessions Judge, Lakhisarai dismissed the discharge prayer made by the petitioner.
The aforesaid case was instituted on 13.01.2013 on the basis of written complaint of one Amrendra Kumar, son of Indu Bhushan Prasad Singh, who is Deputy Manager (Operation) of Paradeep Haldiya Barauni Pipe Line, Barauni, Begusarai.
The case of prosecution, in short, is that the informant, namely, Amrendra Kumar has stated in his written complaint that on 12.01.2013 at about 9.30 A.M., he was informed by the personnel of the department that in the field near Mankatha Railway Station bridge, the oil has been found spread and further, during course of inspection, it was found that in the main Pipeline of oil, two valves were found fitted in the pipeline also and in the prevailing condition, it was presumed that a group of persons were involved in committing theft of crude oil by adding extra valves in the pipeline.
It is submitted by learned counsel appearing on behalf of the petitioner that during course of investigation, some of the apprehended co-accused persons disclosed that one person namely, Rajesh (petitioner), who is the resident of Hazipur, was also involved in the occurrence being a gang member as to commit theft of petroleum from the pipeline of Indian Oil Corporation. It is submitted that the name of petitioner is Hari Kishore Rai and he is resident of District -Muzaffarpur.
Learned counsel appearing for the Indian Oil Corporation submitted that after investigation the occurrence was found true and thereafter charge-sheet was submitted against the petitioner. It is pointed out that the petitioner was named by several apprehended co-accused persons, whereafter learned jurisdictional Magistrate took cognizance for the offences punishable under Sections 420, 379, 120(B) of the I.P.C. and Sections 15 & 16 of the Indian Petroleum Pipeline Act, 1962 (Amended Act, 2011) against petitioner and other co-accused persons.
It is pointed out that the petitioner is disputing his own identification that he is not the Rajesh of Hazipur, rather he is Hari Kishore Rai of Muzaffarpur. It is submitted that this disputed fact can be ascertained during the trial only and not while deciding the present petition.
This Court is convinced with the argument as advanced by learned counsel appearing for the IOC. The issue, as raised by learned counsel for the petitioner, with regard to disputing the identification of the petitioner, which certainly cannot be decided while hearing the present petition, rather same can be decided only during the trial.
In view of aforesaid, the present petition is devoid of any merit. Accordingly, same stands dismissed.
Let a copy of this judgment be sent to the learned trial court forthwith.