V.P.TYAGI, J. - (1.) THIS is an application under Section 561 -A Criminal. Procedure Code filed by accused persons Parasmal and three others to quash the order of this Court dated 24th August, 1968, passed in the revision application filed by the State against the applicants.
(2.) THE facts leading to this application are as follows. One Prahlad Ram went to purchase diesel oil, from the diesel, pump owned by Pukhraj. father of accused Shantilal, at Bilara. When he, made an approach to Shantilal to deliver diesel, Prahlad Ram was told by Shantilal to come next day to take the delivery of diesel as his tank was empty on that particular day. Prahlad Ram suspected a foul play at the hands of the accused and, therefore, he chose to sleep at the diesel pump. According to Prahlad Ram the applicants poured in the night, some kerosene oil from the tins in the tank in order to sell the mixture to Prahlad Ram next morning. A report was made to the police immediately of the action taken by the accused persons and thereupon a case was registered against Shantilal and. three others under Section 420 read with Section 511 Indian Penal Code and Section 23(c) of the Petroleum Act, 1934. All the accused persons were then challaned in the court of the Munsiff -Magistrate under the said offences but they were discharged by the learned Magistrate on the ground that the action of the accused persons did not go beyond making preparetion which is not culpable and therefore they were all discharged of the offences under Sections 420, 511 Indian Penal Code and Section 23(c) of the Petroleum Act.
(3.) THE State of Rajasthan preferred a revision application to challenge the order of discharge passed by the Magistrate in this Court in which the discharge order was challenged only in respect of Section 420 read with Section 511 Indian Penal Code, This Court after hearing the, parties accepted the revision application and ordered the retrial of the accused persons.;