PUSHPENDRA SINGH BHATI,J. - (1.) Petitioner has preferred this misc. petition under Section 482 of Cr.P.C. against the order dated 21.07.2015 passed by learned Special Judge, SC/ST Hanumangarh in criminal revision No.50/2015 (62/2015) whereby affirming the order dated 04.10.2013 passed by learned Chief Judicial Magistrate Hanumangarh in regular criminal case No.785/2009 (FIR No.785/2006) wherein application filed by the petitioner under Section 451 of Cr.P.C. was rejected.
(2.) The petitioner is a Company engaged in Agri Business and is having many branches all over the country. The petitioner has a godown on lease and license basis in Hanumangarh taken from M/s. Hanumangarh Rolling Mills Ltd. through its Director accused Hari Prasad Gattani. The concerned lease and license was entered on 14.05.2006. On 26.12.2006 large number of bags were missing from the stock, for which an FIR was lodged on 26.12.2006 bearing No.785/2006 at Police Station Hanumangarh Junction for the offences under Sections 341, 454, 380 of I.P.C. At the time of investigation, the police had recovered 6340 bags belonging to the petitioner at the instance of information furnished by accused person Hari Prasad Gattani. The petitioner thereafter moved an application for custody of the seized goods and miscellaneous application was also filed by accused Hari Prasad Gattani on 05.01.2007.
(3.) Similar application was also filed by M/s. Shiv Ji Ram and Sons, Hanumangarh Junction and another by Vinod Kumar, Hanumangarh Junction. However, the learned trial court directed for auction of the wheat stocks while dismissing the applications filed by all the four parties seeking custody of the seized goods. The parties challenged the order but the same was upheld by the revisional court and against the same, criminal misc. petitions were filed, which were dismissed by this Court vide order dated 27.11.2007, while further upholding the said orders passed by the learned trial court and the revisional court. The investigation was completed and final report bearing charge-sheet No.569 dated 31.12.2007 was filed before the learned Chief Judicial Magistrate Hanumangarh and as per the case of the prosecution, the accused-respondent was prima facie found to have committed the offence under Sections 341, 454 and 380 of I.P.C. and thus, the prosecution submitted a version before the learned trial Court that the wheat bags were in fact stolen by the accused person from the lawful custody of the petitioner.;