K.S.LODHA, J. - (1.) THE two accused petitioners have filed this application Under Section 482 Cr. P.C. against the order of the learned Chief Judicial Magistrate, Chittor Garh dated 15 -10 -82 by which cognizance of the offences Under Sections 467, 468, 471 read with 120B I.P.C. has been taken against them.
(2.) BRIEFLY stated the facts of the case are that one Trilok Singh filed a FIR against Harjinder Singh alleging that a truck No. RJZ 2115 was registered in the name of Mohd. Sharif who sold it to Habib and Ramesh Chandra and Ramesh Chandra in his turn sold it to Trilok Singh and the accused Harjinder Singh. It was further alleged that Trilok Singh invested a sum of Rs. 18, 000/ - and Harjinder Singh invested a sum of Rs. 17,000/ - for the purchase of this truck and it was agreed that the rest of the amount shall be paid at the time of the transfer of the registration to Ramesh Chandra. The truck was kept in the custody of Harjinder Singh and he was to maintain the accounts. However, it was further alleged that when Trilok Singh asked for accounts. Harjinder Singh told him that the truck was not plying properly and there were losses. On this account some disputes arose between the two. However, that matter was later compromised between them and it was agreed that the ownership of the truck shall be transferred to Trilok Singh alone on certain agreed payments. It was further alleged that when Triloksingh went with the amount to Harjinder Singh, he found that the said truck had been converted into truck No. RJQ 6469. He there upon lodged a report to the police. The police after investigations filed a challan. On investigations the police found that truck No. RJQ 6469 originally belonged to one Krishna Gopal and was registered in his name. It was out of order and had been surrendered. However, Harjinder Singh and his brother Manjeet Singh purchased this truck from Krishna Gopal. As the registration of that truck had already been surrendered, a fresh registration was to be obtained and, therefore, they converted truck No. RJZ 2115 into truck No. RJQ 6469 with the help of Krishna Gopal as also a mechanic Mohan Suthar and on this converted truck they obtained fitness certificate after getting it inspected by Bagh Singh M.T.O. The police after completing the investigations put up a challan for offence Under Sections 406, 420, 467, 468, 471, 484 and 403 I.P.C. against Harjinder Singh and Manjeet Singh. The learned Chief Judicial Magistrate, Chittorgarh before whom the challan was put up took cognizance of the offences against these two accused persons on 31 -7 -82 when he directed that the case may be registered and also passed orders regarding the bail of the two accused persons. The matter then went on for further proceedings. Copies of the challan papers were given to the accused and it was then fixed for considering the question of framing charges against the two accused persons on 15 -10 -82. While thus considering the papers for the purpose of framing charges, the learned Magistrate formed an opinion that these offences could not have been committed by the two accused put up by the police before him without the connivance and conspiracy of Krishana Gopal, the registered owner of RJQ 6469, Bagh Singh the M.T.O. and Chandra Bhusan DTO who issued the fitness certificates on the basis of the report of Bagh Singh. He, therefore, took cognizance of the offences Under Sections 467, 468 and 471 read with 120B I.P.C. against these three persons by his order dated 15 -10 -82 and directed bailable warrants to be issued in their names. The accused Bagh Singh and Chandra Bhusan have challenged this order by the present application Under Section 482 Cr. P.C.
(3.) I have heard the learned Counsel for the petitioners and the learned P.P. and have gone through the record.;