Judgment:
In the High Court of Jharkhand at Ranchi Cr.M.P. No.753 of 2013 Vijay Kumar Gaur @ Bijoy Kumar Gad....Petitioner VERSUS State of Jharkhand ............ .......Opposite Party CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner: Mr. Manoj Kumar No.3 For the State : A.P.P 2 / 9.9.13. This application is directed against the order dated 25.8.2012 passed in B.S. City case no.392 of 2011 (G.R. No.1370 of 2011) whereby and whereunder prayer made by the petitioner for his discharge from the case was rejected. Mr.Manoj Kumar No.3, learned counsel appearing for the petitioner submits that a truck loaded with iron scrap standing near the go-down of one Rajesh Singh was searched by the informant. The iron scrap loaded on it was suspected to be stolen property and therefore, a case was registered as B.S. City case no.392 of 2011 under Sections 413 and 414 of the Indian Penal Code. The matter was taken up for investigation. During investigation, the claim made by said Rajesh Singh of iron scraps being purchased from BLA Udyog Pvt Ltd. Dhanbad was found to be correct, as it appears from paragraphs 24 and 30 of the case diary. In spite of that, the I.O sent a requisition before an authority of Bokaro Steel Ltd. to make an inspection of the seized articles to find out as to whether it belongs to Bokaro Steel Limited or not. The concerned officer having inspected those materials did report that seized article looks like that of the product of Bokaro Steel Limited and on that premise, charge sheet was submitted under Sections 414 and 413 of the Indian Penal Code, though nothing has been brought on the record that this petitioner, happened to be a habitual offender. Upon investigation of the case, charge sheet was submitted under Sections 414 and 413 of the Indian Penal Code, upon which cognizance of the offence was taken. Subsequently, an application was filed for discharge which was rejected, vide order dated 25.8.2012 which is under challenge. Learned counsel submits that a truck loaded with iron scrap when was standing near the go-down of one Rajesh Singh was searched. The iron scrap loaded on truck to which the petitioner was driver was suspected to be stolen property. The Rajesh Singh when moved an application for quashing of the order refusing discharge, it was found by this court that during investigation, the claim of the Rajesh Singh having purchased the article from the firm known as BLA Udyog Pvt.Ltd., Dhanbad was found to be correct However, charge sheet seems to have submitted on the premise that the authority of the Bokaro Steel Limited had reported that article seems to be the product of Bokaro Steel Limited. In such situation, it was held by this Court that only there is suspicion and not a grave suspicion of commission of the offence under Sections 413 of the Indian Penal Code and under the circumstances, this Court did hold that the trial court committed illegality in rejecting the prayer for discharge of said Rajesh Singh. Similar is the case with this petitioner where it can easily be said that there has been absolutely no material to show grave suspicion of the commission of the offence under Section 413 and that there is no material to attract offence under Section 413 of the Indian Penal Code. On perusal of the order passed in a case of Rajesh Singh vs. State of Jharkhand (Cr.M.P.No.1105 of 2012), I do find substance in the submission. Thus, it can be said that there does not appear to be any material showing strong suspicion of the commission of the offence under Section 413 of the Indian Penal Code. So far offence under Section 414 of the Indian Penal Code is concerned, there does not appear to be any material to attract the said offence. Under the circumstances, the trial court committed illegality in rejecting the prayer for discharge of the petitioner. Accordingly, the order dated 25.8.2012 is hereby set aside. Consequently, the petitioner is discharged from accusation. In the result, this application stands allowed. (R.R. Prasad, J.) ND/