No. BR-24 A 1997 along with its accessories came in his share. After the said partition, he went to Varanasi and when he returned back did not find the tractor and accessories on Darwaja. He subsequently, got information that his elder brother who is the petitioner before this Court dishonestly and stealthily removed the said tractor and concealed the same at the place of his in-laws. Accordingly, a Police Case vide Karghar P.S. Case No. 03 of 2010 was registered for the offence Under Section 379 of the Indian Penal Code. During investigation, the tractor, in question, was recovered by police from one Chandeshwar Dubey and subsequently the same was released in favour of the petitioner on his undertaking. The case was found true under Section 379, 411 of the Indian Penal Code and charge-sheet was submitted, on the basis of which, the court below took cognizance of offence under Sections 379 and 411 of the Indian Penal Code as per order dated 15.12.2010. The petitioner filed a Criminal Miscellaneous No. 22643 of 2011 for quashing the cognizance order dated 15.12.2010, which after some arguments was withdrawn by the petitioner as by that time, the petition to discharge the petitioner was rejected by the court below. The said order has been assailed before this Court for quashing the same.
