Criminal Misc. No.M-24124 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-24124 of 2010 Date of decision: 18.8.2011 Davinder Paul Singh ......Petitioner Versus State of Punjab and another .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Sandeep Arora, Advocate, for the petitioner. Mr.G.S.Brar, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.307 dated 20.7.2010 (Annexure P-1) under Section 407 of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Civil Lines, Amritsar City and all the subsequent proceedings arising therefrom. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed. Section 407 IPC reads as under:- “ Criminal breach of trust by carrier, etc. Whoever, being entrusted with property as a carrier, Criminal Misc. No.M-24124 of 2010 2 wharfinger or warehouse-keeper, commits criminal breach of trust, in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.” Thus, as per the above provision there has to be a criminal breach of trust by the carrier so as to attract punishment under the said section. In the present case, respondent No.2 had sent certain certificates in original through the courier company. The petitioner is the manager of the said courier company. Yogesh Kumar, who had been entrusted with the courier parcel to be delivered to the complainant, had lodged the FIR No.1160 dated 19.7.2010 at Police Station Mayur Vihar, East Delhi that the packet in question containing original certificates had been lost. Despite efforts, the parcel could not be traced. In these circumstances, it cannot be said that there was any dishonest intention on the part of the petitioner qua the packet/certificates in question. The courier companies are dealing with delivery of goods/articles from one person to another. In every case, where a parcel is lost due to any circumstance, it cannot be presumed that the same had been lost due to some dishonest intention. The person, who was entrusted with parcel for delivery, has lodged the FIR qua its loss. Thus, it cannot be said that the ingredients of Section 407 IPC were made out in the facts and circumstances of the present case. Hence, the continuation of the criminal proceedings against the petitioner would be nothing but an abuse of process of Criminal Misc. No.M-24124 of 2010 3 law. Accordingly, the present petition is allowed. FIR No.307 dated 20.7.2010 (Annexure P-1) under Section 407 IPC registered at Police Station Civil Lines, Amritsar City and all the subsequent proceedings arising therefrom, are quashed. (SABINA) JUDGE August 18, 2011 anita