The High Court of Punjab and Haryana dismissed a petition under Section 482 CrPC seeking quashing of an FIR for cheating alleging diesel pilferage, holding that the trial court was seized of the matter and evidence was being led, thus precluding roving inquiry into facts.
The petition for quashing the FIR was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM No.M-2577 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-2577 of 2012 (O&M)
Date of decision : 15.11.2012
Babli
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Kapil Aggarwal, Advocate, for the petitioner.
Mr. Rudraneel Bhardwaj, AAG, Haryana.
JITENDRA CHAUHAN, J. (Oral)
The present petition under Section 482 of the Code of Criminal Procedure, has been filed, praying for quashing of FIR No.15 dated 14.05.2009, under Sections 420, 409, 406, 418, 419 of the Indian Penal Code, at Police Station GRP Ambala Cantt. P.S. Kalka.
The learned counsel for the petitioner contends that the petitioner is neither named in the FIR nor his name has come in the statements of the drivers, Shamsher Singh and Jasvinder Singh, and the cleaner, Sham Lal, who were arrested from the spot. The petitioner has been roped in the instant case only on the ground that he is the owner of the vehicles in question. The petitioner did not have the knowledge
CRM No.M-2577 of 2012 -2-
regarding pilferage of the diesel by his employees. The oil in question was being transported from Indian Oil Corporation Ambala, which was duly locked by the Corporation and the keys were not with the petitioner. The keys were either with the Corporation or with M/s SSE Loco, Kalka. The locks could not have been opened with any other key. He further submits that no complaint either by the Railway authorities or the Indian Oil Corporation was lodged against the petitioner. The learned counsel further submits that the Corporation has already deducted the amount against the shortfall. The learned counsel, thus, concludes that no case against him is made out and prays for quashing the present FIR.
On the other hand, the learned State counsel, on instructions from ASI Satnam Singh, P.S. GRP Ambala, submits that the petitioner being owner of the vehicles in question, is to explain with regard to the pilferage of huge quantity of diesel, resulting into loss to the Railways. The vehicles in question were intercepted and subsequently impounded by the Police. After investigation, a shortfall of 700 litres of diesel was found in the oil tanker bearing registration No.HR-37-C-5858 whereas shortfall of 1260 litres of diesel was found in tanker No.HR-04N-1725, which was allegedly extracted through a pipe after opening the locks with the master key. The stolen diesel was illegally sold to the general public. The petitioner, though acquitted, earlier also was involved in a similar FIR. The trial is in progress. Out of the total 16 witnesses, 4
CRM No.M-2577 of 2012 -3-
have already been examined. It is settled law that this Court in exercise of its inherent jurisdiction would not make any roving inquiry into the questions of fact and record any finding by prejudging the evidence to be led in trial.
Heard.
Keeping in view the fact that the trial Court is seized of the matter; the trial is in progress; and some of the material witnesses have supported the case of the prosecution, this Court is not inclined to quash the present FIR at this stage.
Dismissed.
15.11.2012 (JITENDRA CHAUHAN) atulsethi JUDGE
Note : Whether to be referred to reporter ? Yes / No
2 issues framed by the court
Whether the FIR alleging cheating related to diesel pilferage should be quashed at the stage of interlocutory proceedings when the trial is in progress.
Whether the petitioner's liability as a vehicle owner establishes a case against him for the alleged loss.
1 provisions across 1 enactments
Babli
State of Haryana
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
