IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36253 of 2008
Ram Lal Chachan, son of Late Gokhul Chand Chachan, resident of Christian Quarter, PS Bettiah
Town, Dist. West Champaran - Petitioner.
Versus
State Of Bihar
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3 25.7.2011 Heard learned counsel for the petitioner and the
counsel appearing on behalf of the State.
This application has been filed for quashing the order,
dated 26.5.2008 passed in Bettiah (T) PS Case No. 87/2007 by the
C.J.M, Bettiah by which cognizance has been taken for the
offences alleged to have been committed under sections 413 and
414/34 of the Penal Code.
There is an allegation of theft of electrical wire which
was found in the house of one Rakesh Kumar. The petitioner is not
named in the First Information Report. Subsequently it has been
said that he was seen running away from the place of occurrence.
Learned counsel for the petitioner submits that as far
as the recovery part is concerned, Rakesh Kumar, the owner of the
shop admits that the recovered copper wire and electrical wire
belonged to him. It is, therefore, submitted that if the alleged theft
articles which have been recovered has been treated to belong to
Rakesh Kumar, there would be no offence under sections 319 and
414 of the Penal Code for that matter, as far as this petitioner is
concerned.
These aspects of matter would need to be considered
by the court below at the stage of framing of charges. If the court
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finds that the articles recovered belongs to Rakesh Kumar and he
is able to show prima facie that he is the owner and in legal
possession of the articles, then the court will pass appropriate
orders in this matter discharging the petitioner as no factum of
theft can be maintainable in a case of this nature. Counsel for the
petitioner may raise any other issue before the court below if he
thinks fit in the facts and circumstances of the case.
This application is disposed of with the aforesaid
observations.
haque ( Sheema Ali Khan, J.)