Judgment:
M.Cr.C.No.2557 o”
18. 03.2013 Shri Kishore Roy, learned counsel for the applicants.
Shri Rohani Prasad Tiwari, learned Govt.
Adv.for the respondent -State.
Heard on the question of admission.
The applicants – accused have preferred this petition under Section 482 of Cr.P.C.for quashment of the FIR registered as Crime No.399/12 against the applicants at P.S.Bijuri, district Anooppur for the offence of Section 392 of IPC.
As alleged the applicants herein have committed road robbery of a truck.
The applicants' counsel after taking me through the papers placed on record including the copy of the FIR argued that in the FIR lodged by the complainant- Driver of the truck, the name of the applicant No.3, Guddu was not mentioned while the name of applicant Nos.1 and 2 were also implicated in the same under false pretext by fabricating the false story.
In such premises, it could not be deemed that the applicants had committed the alleged offence of robbery and prayed for quashment of the FIR.
Having heard the counsel, keeping in view their arguments, I have carefully gone through the FIR placed on record, so also the averments of the petition.
It is apparent from the FIR lodged by the Driver of the alleged truck namely Rajendra Pratap Singh that on the way his truck was intercepted by the applicant Nos.1 and 2 alongwith one more person, who came to such place by Safari and looted his truck.
In the couRs.of committing such act, he was also subjected to abuses by the applicants and said other person.
It appears from the final report filed under Section 173 of Cr.P.C., that during investigation, the applicant No.3 was identified as culprit of the incident accompanied with the applicant Nos.1 and 2.
In the aforesaid premises, I have found sufficient prima facie evidence and circumstances against the applicants for committing the alleged offence by them.
Thus, there is no scope in the matter for quashment of the impugned FIR by invoking the inherent powers of this Court enumerated under Section 482 of Cr.P.C.Consequently this petition being devoid of any merits is hereby dismissed at the stage of motion hearing.
However the applicants shall be at liberty to raise all the objections and grounds stated in the petition at the appropriate stage of the trial in their defence.
C c as per rules.
(U.C.Maheshwari) Judge bks