NARENDRA NATH TIWARI,J. - (1.) THE petitioner is aggrieved by the order dated 12.3.2004 passed by learned Chief Judicial Magistrate, Giridih in Giridih (M) P.S. Case No. 225 of 2003, whereby the learned court below, while taking cognizance of the offence under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code against one accused, has refused to take cognizance and to issue process against the opposite party Nos. 2 to 4.
(2.) OPPOSITE party No. 2 is the District Transport Officer, Giridih and opposite party Nos. 3 and 4 are the Assistant District Transport Officers, Giridih. The petitioner's case is that he had filed a written complaint against Hari Narain Singh and four others stating, inter alia, that the petitioner agreed to purchase a Truck from Hari Narain Singh, who, in collusion with the Transport Officers (O.P. Nos. 2 to 4), produced the documents relating to registration of the Truck No. JH 11B -0402. They also assured the petitioner about the genuineness of the papers relating to the vehicle and on their assurance, the petitioner agreed to purchase the said Truck from Hari Narain Singh on 6.1.2003 for a consideration amount of Rs. 3,11,000/ -. At the time of registration of the said Truck, the petitioner came to know that the said vehicle purchased by him is a stolen vehicle with original Registration No. UP 25B -9889, which was changed by the vendor in collusion with the District Transport Officer, Giridih. Subsequently, the said Truck was seized by the police on the ground that the said Vehicle is stolen one and its original Registration number was BR 1G -4444.
(3.) IT has been stated that after the aforesaid compliant, the learned Chief Judicial Magistrate, Giridih directed the local police to institute a case and to investigate the same. Giridih Police instituted the case and registered the same as Giridih (M) P.S. case No. 225 of 2003.;