A criminal proceeding can be quashed under Section 482 of the Code of Criminal Procedure if it is found to be filed with malafide intent and an oblique motive, or if the allegations against the accused do not constitute a criminal offence.

S.K. Chattopadhyaya, J.

In this application under section 482 of the Code of Criminal Procedure (shortly the Code) the petitioners has prayed for quashing of the entire criminal proceeding including the investigation pending against them.

2. The facts of the case lie in a narrow compass: on 7.3.95 a complaint was tiled by one Moinuddin of village khairgaon, P.S. Sadar, district Hazaribagh against the petitioners alleging, inter alia, that on 23.3.95 when he was driving truck no. BR 13C 5547 with a cash of Rs.25,000/- to purchase coal from the colliery, petitioner no. 1 (accused no. 1) along with 5-6 unknown persons armed with revolver got the vehicle stopped. The driver was asked to vacate the driving seat by showing revolver with a threat to shoot him if the vehicle with its key including the papers and cash are not handed over to petitioner no. 1, Surujballi Tiwary. The complainant out of fear, handed over the key of the vehicle to petitioner no.1 and then petitioner no.1 got a letter written by one Mangal Pandey at the point of revolver who was there at the place of occurrence. Thereafter, one of the accused persons sat on the driving seat and searched the box and took out the said sum of Rs.25,000/which was given to the accused no.1. After that they all drove the vehicle away. It is further stated that on perusal of the letter the name of petitioner nO.1 was learnt who is an agent of petitioners 2 and 3 (Accused 2 and 3). The complaint petition further disclosed that the owner of the vehicle was one Ajay Kumar Gupta son of Sarju Prasad of Boddam Bazar, Hazaribagh who had already cleared off all the dues of the Financier. The complaint petition also discloses about some orders of Civil Court at Calcutta regarding which the complainant has stated that if there had been any order of the Civil court, the execution proceeding through the process of the civil court could have been taken but in the instant case the accused persons have looted away the vehicle and cash at the point of revolver and thereby committed serious offence. The complainant 'had gone to the police station but as except some constables, no police officer was available in the police station, the complaint petition was filed in the court. On such complaint being filed, the learned Chief Judicial Magistrate directed the police to make investigation and, as such G.R. case No. 552/93 corresponding to Sadar Hazaribagh P.S. case No. 109(4) 95 was registered by the police.

3. Mr. Pradeep Ghosh, learned Sr. Counsel appearing on behalf of the petitioners has contended that the complaint petition itself will show that it is not only malafide but has been filed with an oblique motive. He contends that the owner of the truck, Ajay Kumar Gupta is the hirer of which petitioner no. 3, Dulichand Finance & Leasing (P) Ltd. is a financier. There was hire purchase agreement on the basis of which said Ajay Kumar Gupta purchased the truck but, it is said, did not respect the terms and conditions of the agreement by depositing the instalments in time. The said award was filed in the City Civil Court at Calcutta and on the prayer made by the Financier, by order dated 20.9.94, the Chief Judge of the City Civil Court, Calcutta appointed Shri Sheonath Bhattacharya, an advocate of the court as a receiver was at liberty to appoint an agent for the purpose of taking possession of the vehicle. On such liberty being given, said Shri Bhattacharya appointed petitioner no. 1, Surujballi Tiwary as his agent and directed him to get the possession of the vehicle. Mr. Ghosh further submits that petitioner no. 1, in the capacity of agent of the receiver tried to locate the vehicle and ultimately got possession of the same from one Mangal Pandey at Mugalsarai on 23.3.95. He further submits that in token of delivery of possession, said Mangal Pandey gave a letter in which the name of Ajay Kumar Gupta has been mentioned as hirer. It is contended that under the aforesaid circumstances the vehicle