MANOJ KUMAR GARG,J. - (1.) Instant misc. petition has been filed by the petitioner for quashing of FIR No. 333/2018 registered at Police Station Sadar, Nimbahera, District Chittorgarh for offence under Section 420, 407 IPC.
(2.) Learned counsel for the petitioner submits that petitioner is only an owner of the vehicle and the coal was loaded at the factory premises and was sent to Wonder cement at Nimbahera in sealed condition and petitioner has no knowledge if the coal was sub-standard. Therefore, no case for offence under Section 420 and 407 IPC is made out against the petitioner. He relied upon the judgment of Bombay High Court in the case of Manoj Chandulal Shah Vs. State of Maharashtra and Ors reported in 2001 SCC Online Bom 175.
(3.) Per contra, learned Public Prosecutor submits that petitioner is the owner of the Trailler and mis-appropriated the original coal and replaced it with duplicate coal. Upon interrogation from the petitioner, the petitioner gave the mobile number of his driver Satyanarayan and when the call details of the mobile number of the petitioner and his driver were obtained of the relevant time, it was found that the mobile of the driver Satyanarayan was switched off which shows that the petitioner is in cannivance with his driver mis-appropriated the original coal, so the offence under Section 420, 407 IPC is clearly made out against the petitioner. I have considered the rival arguments and carefully gone through the record.;