( 1 ) THIS application under Article 226 of the Constitution of India has been filed for quashing the first information report of Jamtara (Mihijam) P. S. Case No. 6/ 2004 dated 11. 1. 2004 under Section 407 and 420 of the Indian Penal Code.

( 2 ) FACTS leading to the filing of this application are that earlier to this first information report, one more first information report was lodged at chirkunda P. S. , which was drawn up on the written report, dated 2/6/2003, of Niranjan Agarwal to the effect that Niranjan Agarwal is carrying on the business of transporting goods and the same was being done in the name of his firm M/s allied Carriers, Dhanbad. On 15. 5. 2002 at about 6. 30 AM he. received a call from one sharmaji of S. S. Roadways of Bokaro that he supplies vehicles on rent for Haryana and as such, on enquiry from him, it appears that the charges for the same to be taken to hissar in Haryana. The charges were settled at Rs. 1,110/- per tonne and he requested this petitioner to get the goods loaded on truck No. HR-37-1127 and that he had told him that truck was parked near Rampur checkpost in West Bengal. The informant, as alleged, had sent his employee Dilip verma