Sarbjit Singh vs State of Punjab

K.K. Srivastava, J.

Criminal Miscellaneous Application is allowed and the document Annexure P2 is allowed to be placed on record of Criminal Miscellaneous Petition No. 8844 of 1998.

Heard learned counsel for the petitioner and Shri S.S. Randhawa, Deputy Advocate General for the State of Punjab.

This is the petition filed under Section 482, Code of Criminal Procedure, seeking the quashing of First Information Report No. 160 under Section 409 of the Indian Penal Code dated 22.11.1997, Police Station Sidhwan Bet.

The accusation brought against the petitioner was that he had taken a registration certificate in violation of the Motor Vehicles Act from one Hoshiar Singh and did not file the Registration Certificate in the Court of competent jurisdiction and committed a criminal breach of trust for an offence punishable under Section 409 of the Indian Penal Code. It was also alleged that the petitioner, who was working as an Assistant Sub Inspector, had not submitted the challan in the court of competent jurisdiction.

Notice of motion was issued to the State of Punjab and reply has been filed by Shri Harnek Singh Saran, Senior Superintendent of Police, Jagraon, contending that the petitioner had a previous criminal record, a case was registered against him under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (bearing FIR No. 54 dated 4.9.1997) and which case is pending against him for trial in the Court of the Additional Sessions Judge, Ludhiana. It was also alleged that the petitioner, while posted as In charge P.P. Latala indulged in smuggling of poppy husk. Regarding the facts of this case, it was alleged that the petitioner had held a naqa in the areas of Police Post Sowaddi Kalan and challaned Scooter No. PB 251250, Bajaj Chetak, belonging to Hoshiar Singh. The Registration Certificate of said Hoshiar Singh was taken in possession and a challan chit was given to the owner of the Scooter. It was alleged that the petitioner did not deposit the Registration Certificate with the Munshi nor sent the challan in the concerned Court. It was alleged that the petitioner had misappropriated that Registration Certificate.

Learned counsel for the petitioner Shri Ranjan Lakhanpal, has referred to annexure P2, which is a challan file in the case with R.B.T. No. 24 dated 3.4.1998 and the second phase of the challan shows that the Registration Certificate was filed in the Court. The aforesaid Hoshiar Singh pleaded guilty before the concerned Magistrate and he was fined Rs. 150/ by the learned Sub Divisional Judicial Magistrate vide order dated 23.7.1998. The deposit of the Registration Certificate is mentioned in this Annexure P2 and the papers were returned to Hoshiar Singh.

In view of the entry made in Annexure P2, the allegations of misappropriation of Registration Certificate and the offence punishable under Section 409 of the Indian Penal Code for criminal breach of trust in respect of Registration Certificate is prima facie not made out. If the petitioner was in any way found lacking in not promptly filing the Registration Certificate as per the rules and procedure, he could be proceeded against departmentally, but so far as the offence under section 409 of the Indian Penal Code is concerned, that is not made out against him in view of the documents placed on record of this case.

Resultantly, this petition succeeds and is allowed and the First Information Report No. 160 dated 22.11.1997 under Section 409 of the Indian Penal Code, Police Station Sidhwan Bet and Proceedings flowing therefrom are quashed qua the petitioner.