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1996 Supreme(SC) 140

G.B.PATTANAIK, K.RAMASWAMY
State Of Bihar – Appellant
Versus
Rajendra Agrawalla – Respondent


JUDGMENT

G.B. Pattanaik, J.-Leave granted.

2. This appeal by the State is directed against the order of the Patna High Court dated 5.3.1992, by which order the High Court has quashed the cognizance taken against the respondent under Section 414 of the Indian Penal Code.

3. Shri Uddai Singh, Sub-Inspector of Police, Dhanbad Police Station was on duty at the Police Station on 8.1.1992. At 5.15 P.M. two Constables brought a truck bearing Registration No. HRX-3125 along with its driver, Khalasi and two other persons and reported that they found the truck coming speedly and crossing the Railway gate and did not stop even though the vehicle was asked to stop. They, therefore, chased the vehicle and stopped the same after some time and found that the truck has been loaded with pieces of iron tracks which were the property of BCCL. On their enquiry about the documents, a copy of challan was shown but suspecting something wrong they brought the truck with the persons to the Police Station. The Sub-Inspector then found on checking that most of the iron loaded on the truck were the pieces of the track trolly used in BCCL. On suspicion the Sub-Inspector asked the driver who told that the truck h







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