Jasbir Singh vs State of Haryana

Harbans Singh Rai, J.

Jasbir Singh, petitioner, was chargesheeted under Section 411 of the Indian Penal Code by Sessions Judge, Sonepat, vide his order October 29, 1988.

Feeling aggrieved, he has filed this revision.

The facts leading to the framing of the charge are that one Puran Singh found a dead body lying in the bushes by the side of G.T. Road across his Dhaba. He lodged an FIR reporting recovery of a dead body. During investigation, Police found that a Maruti Car No. DBB 4130 was hired for a journey to Panipat from Karnal stand by Raja Ram alias Jagdish and Siri Ram son of Lal Ram. Another person Suresh also joined them at the bus stand and they took liquor. They persuaded the driver of Maruti car named Vishnu Parkash to take liquor with them. As they crossed Ganaur crossing, they persuaded the driver to sit at the back seat while Suresh started driving the vehicle. After covering some distance, Suresh took out a knife and handed over the same to Raja Rain asking him do away with Vishnu Parkash. Whereupon Raja Ram and Shri Ram gave knife blows to Vishnu Parkash and threw him in the bushes. They also threw the knife there. It was also found during investigation that Suresh, Raja Ram and Siri Ram are professional car lifters who had lifted vehicles from Karnal area prepare bogus registration certificates and used to transfer these vehicles in Aurangabad (Maharashtra). Similarly, they brought cars from Aurangabad area and sold them in Karnal area. A case vide FIR No. 289 of 19587 already stands registered against them in Karnal under Sections 411, 420, 467, 468, 471 and 120B of the Indian Penal Code.

After killing Vishnu Parkash, Raja Ram, Siri Ram and Suresh took the car to Aurangabad. A bogus NOC was prepared and Suresh got the vehicle transferred to his own name with the help of Bhanu Dass Manghate. Thereafter one Dalel who is uncle of Suresh sold this car to the wife of the petitioner. After investigation, Suresh, Raja Ram, Siri Ram, Bahnu Dass Manghate. Dalel Singh and Jasbir Singh, petitioner, were challaned. Sessions Judge, Sonepat, vide his order dated October 29, 1967, framed a charge under Sections 302/34 and 392 of the Indian Penal Code against Suresh Raja Ram and Siri Ram. Bhanu Dass Manghate and Dalel Singh were discharged. Charge under Section 411 of the Indian Penal Code was framed against the petitioner.

Learned counsel for the petitioner has submitted that the Maruti car in question was purchased by petitioner''s wife as there was a registration certificate in the name of the owner and there is absolutely no evidence to establish that petitioner or his wife knew that it is a stolen car. She is bonafide purchaser. It is also pointed out that petitioner''s wife is a prosecution witness in the case. He has further submitted that the case was already registered against Suresh, Raja Rim, Siri Ram, Bhanu Dass Manghate, Jasbir Singh and Dalel Singh in Police Station City, Karnal vide FIR No. 289 dated 19587 and for the same set of circumstances another charge is being framed After considering the circumstances and the submissions of the petitioner and in the absence of any representation by the State, I am of the view that there being no evidence to establish that petitioner know that the car which his wire has purchased is stolen properly the Sessions Jude was not justified in flaming the charge under Section 411 of the Indian Penal Code against him. The charge framed against him under Section 411 of the Indian Penal Code vide order dated October 29, 1987, by Sessions Judge, Sonepat, is hereby quashed.

JUDGMENT quashed.