- (1.) Heard the learned counsel appearing for the petitioner, learned counsel for the State and the learned counsel appearing for O.P. No. 2
(2.) This application has been filed for quashing of the order dated 27/01/2001, passed by the then Chief Judicial Magistrate, Hazaribagh in T.R. No. 128/2007, arising out of Barhi P.S. Case No. 252/2000, G.R. No. 2552/2000, whereby and whereunder cognizance of the offence punishable under Sections 406 and 419 of the Indian Penal Code has been taken against the petitioner.
(3.) The case of the prosecution is that the informant had purchased a Scooter from Rohit Automobiles to which this petitioner was the proprietor. At the time of purchase, the informant had paid the price of the Scooter as well as cost for its registration but the petitioner failed to deliver the papers relating to registration of the vehicle. On the said allegation, the case was registered as Barhi P.S. Case No. 252/2000, under Sections 406 and 419 of the Indian Penal Code. On submission of the charge sheet, cognizance of the offence was taken under Sections 406 and 419 of the Indian Penal Code, which is under challenge.;