Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18520 of 2003 with Criminal Miscellaneous No. 29449 of 2006 =========================================================== Against the order dated 7.5.2003 passed in Complaint Case No.1001 of 2002/Trial No.927 of 2003 by the court of Sri A.K. Verma, Judicial Magistrate, First Class, Aurangabad. =========================================================== In Criminal Miscellaneous No.18520 of 2003 =========================================================== Ratan Kumar Sinha, son of Tarini Prasad Sinha, at present General Manager, Ashok Leyland Finance Limited and resident of Flat No.2D, 41, Shakespeare Sarani, Kolkata-700017. .... .... Petitioner. Versus 1. The State of Bihar. 2. Eqbal Ahmed, son of Haji Mokhtar Ahmed, resident of Chhatar Darwaza, Ward No.8, Police Station-Daudnagar and District-Aurangabad. .... .... Opposite Parties. =========================================================== In Criminal Miscellaneous No. 29449 of 2006 =========================================================== 1. Shital Kumar Mishra, son of Late Deo Chandra Mishra, resident of Urmila Tower, Bank More, Dhanbad, District-Dhanbad, Jharkhand. 2. Sanjay Kumar, son of Durga Nath Sahay, resident of Tata Motor Limited, G.S. Road, Ulubari, Guwahati, Assam. .... .... Petitioners. Versus 1. The State of Bihar. 2. Eqbal Ahmed, son of Haji Mokhtar Ahmed, resident of Chhatar Darwaza, Ward No.8, Police Station-Daudnagar and District-Aurangabad. .... .... Opposite Parties. =========================================================== Appearance : In both the applications: For the Petitioners : M/s. Akhileshwar Prasad Singh, Sr. Advocate & Partha Sarthy, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. For the O.P. No.2 : Mr. Gyasuddin Khan, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV JUDGMENT Date: 22-02-2012 It appears that both the aforesaid applications were listed Patna High Court Cr.Misc. No.18520 of 2003 dt.22-02-2012 2 / 8 2 together on 6.2.2012 and the order was passed in both the applications but inadvertently, in order no.5 dated 6.2.2012 cause title of Criminal Misc. No.29449 of 2006 has not been typed. Accordingly, order no.5 dated 6.2.2012 is modified to the extent that it includes Criminal Misc.No.29449 of 2006. 2. Both these applications bearing Criminal Misc. No.18520 of 2003 filed on behalf of the petitioner, Ratan Kumar Sinha and Criminal Misc. No.29449 of 2006 filed on behalf of the petitioners, Shital Kumar Mishra and Sanjay Kumar, have been filed against the order dated 7.5.2003 passed in Complaint Case No.1001 of 2002/Trial No.927 of 2003 by the court of Sri A.K. Verma, Judicial Magistrate, First Class, Aurangabad, summoning the accused-petitioners, on inquiry under [STATUTE] , hence, both these applications have been heard together and are being disposed of by this common judgment. 3. In brief, the case is that the opposite party no.2, Eqbal Ahmed, filed the complaint petition, numbered as Complaint Case No.1001 of 2002 in the court of the Chief Judicial Magistrate, Aurangabad against the accused-petitioner, Ratan Kumar Sinha (in Criminal Misc. No.18520 of 2003 and the accused-petitioners, Shital Kumar Mishra and Sanjay Kumar (in Criminal Misc. No.29449 of Patna High Court Cr.Misc. No.18520 of 2003 dt.22-02-2012 3 / 8 3 2006), who respectively are said to be the General Manager, State Manager and Field Officer of Ashok Leyland Finance Limited (hereinafter referred to as “the Finance Company”). The opposite party no.2 has alleged in the complaint petition that in between September 1999 to September 2000, he got the three trucks bearing Registration Nos.BR-26G-8888, BR-26G-0888 and HR-38-9404 financed by the Finance Company. After getting the three trucks, he started to pay installments in time by drafts, cheque or cash. Out of the aforesaid three trucks, he surrendered one truck bearing Registration No.HR-38-9404 in the Finance Company in March, 2001 and obtained receipt for the same from the Finance Company. So far as trucks bearing Registration Nos.BR-26G-8888 and BR-26G-0888 are concerned, unfortunately, due to some family and business problems, he failed to pay the some installments in time. The accused-petitioners without giving any notice or warning seized the truck bearing Registration No.BR-26G-0888 at Ranchi on 10.11.2001 and they also seized the paper of the truck bearing Registration No.BR-26G-8888, in course of returning from Ranchi. Therefore, the opposite party no.2 parked the truck bearing Registration No.BR- 26G-8888 in the campus of the Finance Company. Later on, the accused-petitioners on 28.8.2002 permitted the opposite party no.2 to take the truck bearing Registration No.BR-26G-8888 alongwith its Patna High Court Cr.Misc. No.18520 of 2003 dt.22-02-2012 4 / 8 4 paper on making the payment of Rs.35,977/-. Later on 28.10.2002 at about 3 P.M., the accused-petitioner no.2, Sanjay Kumar Singh, of Criminal Misc. No.29449 of 2006 came at his residence situated at Aurangabad and informed him about the presence of the accused- petitioner, Ratan Kumar Singh, of Criminal Misc. No.18520 of 2003 and the accused-petitioner no.1, Shital Kumar Mishra, of Criminal Misc. No.29449 of 2006, at bus stand petrol pump near by-pass in course of journey of Varansi and told to call him with at least Rs.50,000/- to release the truck bearing Registration No.BR-26G- 0888. Accordingly, the opposite party no.2 after arranging the cash Rs.50,000/- went near the bus stand petrol pump and talked about the release the truck bearing Registration No.BR-26G-0888 with the accused-petitioners and handed over cash Rs.50,000/- to the accused- petitioner no.1, Shital Kumar Mishra, of Criminal Misc. No.29449 of 2006, in presence of the other two accused-petitioners, on which

Applicable IPC Section: 202

Statute Text:
Section 202 of the Indian Penal Code. Intentional omission to give information of an offence by a person legally bound to inform. Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.