4. Learned counsel for the petitioner submits that the respondent No.5/complainant had lodged false FIR and looking to para 8 of the FIR, it is clear that the incident was happened between 21.09.2022 to 22.09.2022, but the complainant had lodged the FIR on 25.09.2022 and the reason of delay has not been disclosed. He further submits that the ingredient of offence under Section 407 of the IPC is missing because there is no property, article or material were entrusted in the case and Section 411 of IPC states about receiving stolen property, but the police has not registered the case about theft. As such, the aforesaid sections does not attract against the petitioner. He also submits that the petitioner gave his coal depot on rent to one Lankeshwar Prashad in the month of September, 2022, as such, at the time of incident the coal depot was not in the possession of the petitioner. He contended that as per the FIR, the coal was being lifted by Talvinder Singh Firm from Gevra Coal Mines and it was being supplied to entire coal depot of the States of the country, as such, the owner of the coal was Talvinder Singh Firm and if there was any inferior coal or mixing coal was done in the truck, Talvinder Singh Firm was responsible for the same, as such, respondent No.5 had no power to register FIR. As such, the petition deserve to be allowed and the FIR against the petitioner deserve to be quashed.
