Ratnaker Bhengra, J. - (1.) Heard the parties.
(2.) Instant criminal miscellaneous petition is being filed for quashing of the order dated 11.06.2008, passed in C.P. Case No. 1914 of 2005, by the learned Judicial Magistrate, 1st Class, Dhanbad, whereby and whereunder, the aforesaid learned Court has been pleased to take cognizance of offences under Sections 379, 406, and 120B IPC as well as entire criminal proceeding against the petitioner, pending in the Court of learned Judicial Magistrate, 1st Class, Dhanbad and also for quashing of order dated 25.08.2011, passed by the learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 1914 of 2005 as well as order dated 29.01.2013, passed in Criminal Revision No. 267 of 2011, by the learned Additional Sessions Judge-V, Dhanbad, whereby and whereunder, both the courts below have refused to discharge the petitioner from the aforesaid case and directed to appear physically for framing of charge for the offence under Sections 379, 406, and 120B IPC.
(3.) Brief facts of the case is that the complainant informed the Deputy Superintendent of Police, Sindri, by his letter dated 14.03.2005 regarding the theft of 52 pieces of cast iron pipes, which was kept inside of bottling plant of N.A.C. Sindri. The cost of the theft of cast iron pipes is about Rs.8,00,000/- (Rupees Eight Lakhs only). The Deputy Superintendent of Police, Sindri, informed this matter to accused No.5 Jay Jyoti Samanta, the Special Officer, N.A.C., Sindri, on 15.03.2005. The accused No.5 asked for explanation to accused Nos. 1 and 3 about the theft of 52 cast iron pipes from the premises of bottling plant of N.A.C., Sindri. It is submitted that the Ex-Special Officer, namely, Akhileshwar Kumar, ordered Manoj Kumar / Bhandar Pal, N.A.C. on 17.11.2003 to replace the broken drain pipe on P.C.C. Road by taking four pipes from bottling plant of N.A.C. The petition submitted by the complainant to Deputy Superintendent of Police, Sindri on 14.03.2005 was forwarded to the O/C, Sindri Police Station for lodging FIR, but in spite of physical verification by the Special Officer (accused No.5) N.A.C. Sindri, no action has been taken against any one of the individual. The complainant himself by his petition dated 19.03.2005 submitted to the O/C Sindri, P.S. and subsequently on 01.04.2005, a joint petition of employees of N.A.C. regarding the above theft of cast iron pipes was submitted to accused No.7 but accused No.7 did not care to lodge the FIR for theft of such huge property of N.A.C. Sindri against any one so far. The complainant again submitted a petition to accused No.5 dated 06.05.2005 and requested to forward his petition to the local police to take legal action against the concerned persons. Accused No.5 forwarded his official letter dated 10.05.2005 along with relevant papers submitted by the complainant to O/C, Sindri Police Station which was received by the Police Station, Sindri on 19.05.2005. When neither any action was taken by the local police nor any steps was taken by accused No.5 so far for the theft of 52 pieces of cast iron pipes of Sindri, N.A.C., which costs Rs.8,00,000/-, informed the O/C Sindri P.S. by his application dated 23.11.2005 which was received by the Sindri Police Station on 25.11.2005 for immediate legal action and to recover the stolen cast iron pipes of N.A.C. Sindri. Arguments of learned counsel for the petitioner:;