Rongon Mukhopadhyay, J. - (1.) HEARD Shri A.K. Kashyap, learned senior counsel appearing on behalf of the petitioner and Shri M.B. Lal, learned counsel appearing on behalf of the opposite party No. 2.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with C.P. Case No. 891 of 1999 including the order dated 28.7.1999 passed by the learned Chief Judicial Magistrate, Dhanbad by which cognizance has been taken for the offence u/s 379, 411, 420, 365, 201 and 120B of the Indian Penal Code. The prosecution story as would appear from the complaint petition is that the complainant is the owner of an Ambassador car and sometimes he used to give out the said car on hire. It has been stated that on 14.5.1999, the brother of the complainant, namely, Arjun Rawani was approached by one Kalan Gaddi along with two unknown persons for taking the car on hire and after some hesitation, the brother of the complainant agreed to carry the said persons to Bihar Sharief on payment of Rs. 1900/ -. It has been alleged that the brother of the complainant was informed that he would come back on 16.5.1999, but when he did not return by 19.5.1999, suspecting some foul play, the complainant reported the matter to Jharia P.S. for which Station Diary Entry being S.D.E. No. 760 dated 20.5.1999 was entered. It has also been alleged that on 20.5.1999, the complainant along with his witnesses went to Bihar Sharief in search of his brother and when they were taking breakfast on the road side, he found his car which was occupied by some strangers, but his brother could not be found. It has also been stated in the complaint petition that the car while trying to flee away, dashed with a police jeep and some persons were arrested who disclosed that the car was stolen from Jharia. On this, the police registered a case u/s 414 of the Indian Penal Code being Laheri P.S. Case No. 74 of 1999. It has also been stated therein that the police did not make any effort to arrest the other accused persons, whose names had appeared on the confessional statement of the apprehended persons.
(3.) THE police, according to the complainant, did not properly investigate the case and deliberately with an ill -intention, submitted charge -sheet u/s 414 of the Indian Penal Code without there being any mention with respect to the brother of the petitioner.;