BAJRANG LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482, Cr.P.C. has been filed by the petitioners for quashing FIR No. 86/2000 of the Police Station. Hamirwas, Dist. Churu for offence under Sections 395, 397, 149, 323 and 342, I.P.C.

(2.) This misc. petition arises in the following circumstances : (i) One Mohan Lal lodged a written report with the Police Station Hamirwas on 16-5-2001 stating inter alia that he was dealing in business of ornaments and on 15-5-2001, he was coming from Delhi in Bus No. RJ-07/2099 and one Delhi Party had given him 16.33 Kgs. silver and 35 gms. gold for preparing ornaments and he was carrying that with him. In the bus, near about this seat, one person of Sardarshahar named as Nanu was also sitting. When the bus reached near Rajgarh a jeep came there and that jeep stopped in front of the bus and from the jeep 7 to 8 persons having guns and pistols in their hand came down and all the persons boarded the bus. It was further stated that their faces were covered with clothes etc. and after sitting in the bus, these persons took away his brief-case and got him down from the bus and he was further asked to sit in the jeep and they took him in the village and got him down and took away all the articles amounting to Rs. 75,000.00. Thereafter he went to village and lodged the report.

(3.) On this report, the police registered a case for the aforesaid offences and started investigation. Since names of any of the accused persons were not mentioned in the report, the police submitted FIR as whereabouts of accused persons were not known at that time.