CRM-M-8856 of 2012 (O&M). Case: Balwant Singh Kaler Vs State of Punjab. High Court of Punjab (India)
| Case Number | CRM-M-8856 of 2012 (O&M) |
| Counsel | For Appellant: N.S. Shekhawat, Advocate and For Respondents: Anmol Grewal, AAG |
| Judges | Rameshwar Singh Malik, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 155(2), 156(1), 173, 382, 482; Indian Penal Code 1860, (IPC) - Section 382 |
| Judgement Date | March 23, 2015 |
| Court | High Court of Punjab (India) |
Judgment:
Rameshwar Singh Malik, J.
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Petitioner, by way of instant petition, under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), seeks quashing of FIR No. 24 dated 24.2.2012 under Section 382 of the Indian Penal Code ('IPC' for short), registered at Police Station Raikot, District Ludhiana Rural and the subsequent proceedings arising therefrom.
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Notice of motion was issued and pursuant thereto, reply by way of affidavit dated 12.9.2012 was filed on behalf of the respondent-State.
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Briefly put, facts of the case are that, on 18.11.2011, an application No. 1389-SCF dated 18.11.2011 was received from police Station Raikot through H.C. Ravinder Singh No. 146, which was submitted by Jagga Singh son of Surjit Singh resident of H.No. 10432, Indira Colony, Gali No. 4, Rahon Road, Ludhiana regarding snatching of vehicle and cash. It was submitted by Jagga Singh- complainant that he was a resident of the abovesaid address. When he was going from Bathinda to Ludhiana in his truck at about 10'O clock and reached near village Litra, carrying an amount of Rs. 1,32,000/- and one mobile phone, 16/17 persons came there in one white colour car one black colour car and four motorcycles, including Jaspal Singh, Balwant Singh Kaler and Sumeet-employees of Shriram Transport Finance Company, Ludhiana ('Company' for short). He further stated that he has brought goods from Chennai to Bathinda and reached Bathinda on 17.11.2011. The abovesaid persons snatched his truck, cash amount as well as mobile phone. He prayed for taking appropriate action against the accused and also for getting his articles back.
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During the course of enquiry, it transpired that complainant had taken a loan of Rs. 8 lacs from the company, for the abovesaid truck. This amount including interest thereon, was to be returned by the complainant. He defaulted in making the payment and an amount of Rs. 2,43,440/- was outstanding against him. Initially, allegations levelled by the complainant were not substantiated. The enquiry was conducted by the police without registering FIR. However, the enquiry report was not accepted by the Senior Superintendent of Police, Jagraon, Ludhiana and directed the authorities to register an FIR and thereafter, conduct an investigation in the matter. During the course of investigation, on 11.4.2012, the abovesaid truck alongwith some other articles was recovered from the premises of the company at village Kotla, District Jalandhar. It has been so stated in the reply filed on behalf of the State. It has been further stated in the preliminary submissions that petitioner and other accused could not be arrested till 12.9.12 and final report under Section 173 Cr.P.C. will be presented in the court of Illaqa Magistrate, after arresting the petitioner and other accused.
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Based on the abovesaid narration of facts, learned counsel for the petitioner submits that in fact, since the complainant was in default of payment of his loan amount, he himself surrendered the vehicle in question on 18.11.2011. He wrote a letter Annexure P-4 in this regard. After taking the truck in possession, inventory of the articles was prepared vide Annexure P-5. Accordingly, the Station House Officer, Police Station, Division...
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