Patna High Court - Orders
Onicra Credit Rating Agency Of India ... vs The State Of Bihar on 11 May, 2012
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1392 of 2012
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1. Onicra Credit Rating Agency of India Ltd. R/O Having it's Patna Branch
Office At 303 & 305, N.P. Center, New Dakbunglow Road, Patna - 8 00
001 through it'S Operation Gendra Umrao
.... .... Petitioner
Versus
1. The State of Bihar
2. Amit Anand Kumar son of Sri Ram Lakhan Mahto resident of
Kankarbagh Old Busstand(Western Side) in front of L.I.G-13, P.S.
Kankarbagh
.... .... Opposite Parts
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
3 11-05-2012Heard Mr. Janardan Prasad Singh, learned counsel for the petitioner, learned Additional Public Prosecutor for the State and Mr. Gajendra Kumar Jha, learned counsel for the opposite party No.2.
This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed for release of 165 Boxes containing Customer Application Forms (CAF for short) of the Reliance communications. The prayer of the petitioner having been rejected by the Chief Judicial Magistrate, Patna by order dated 6.6.2011 and affirmed in Cr.Rev.No.704 of 2011 by the learned Additional District and Sessions Judge by order dated 13.12.2011, hence the present application.
Patna High Court Cr.Misc. No.1392 of 2012 (3) dt.11-05-20122
The facts of the case in brief is that the informant-opposite party No.2 had instituted the case in question against the proprietors of M/s AJS INFOTECH (JIYA ENTERPRISES) being run by one Alankit Sharma and his wife Sweta Srivastava having its office at 34/E, Anandpuri, P.S.- Sri Krishna Puri alleging non payment of rentals relatable to the computer system and other items mentioned in the F.I.R. It is alleged that two accused persons having taken the computer system and other facilities from the informant, have evaded the payment of the rentals and thereafter have absconded from their working place. Following the institution of the F.I.R. the work place of the firm situated at 34/E, Anandpuri District-Patna was sealed. In normal circumstances, the petitioner herein could not have any grievance with the aforesaid action taken by the police. The circumstances arose because the petitioner having entered into an agreement with M/s Reliance Communication Ltd. for scanning of the CAF under an agreement dated 19.5.2009 outsourced the services of the accused Company M/s AJS INFOTECH (JIYA ENTERPRISES) and an agreement to that effect was entered into between the parties. It is following the agreement that 165 Boxes containing CAF was handed over to M/s AJS INFOTECH (JIYA ENTERPRISES) for carrying out the scanning work. However, Patna High Court Cr.Misc. No.1392 of 2012 (3) dt.11-05-2012 3 before the work entrusted to the Company of the accused would be completed, the F.I.R. was instituted and as a consequence the business premises was sealed with the proprietors absconding there from.
Mr. Jananardan Singh, learned counsel for the petitioner submits that the dispute between the informant and the accused being in connection with non payment of the rentals and having no nexus with the Customer Application Forms lying within the premises, it was wholly unjustified on the part of the learned Courts below in rejecting the prayer made by the petitioner specially in the circumstance that keeping the said application forms in custody neither suited the informant nor the accused.
Pursuant to the notice of this Court the informant has appeared and Mr. Jha learned counsel while opposing the prayer made in this application contends that the boxes would act as a security forcing the accused to clear the dues.
A supplementary affidavit has been filed today on behalf of the petitioners enclosing a report of the Investigating Officer dated 9.04.2012 addressed to the Chief Judicial Magistrate, Patna in which it has been clearly mentioned that the 165 boxes containing the Customer Application Forms has no utility value in the ongoing investigation and may be released in favour of the Patna High Court Cr.Misc. No.1392 of 2012 (3) dt.11-05-2012 4 petitioner Company.
Having heard learned counsel for the parties and having considered the materials on record and taking into consideration the report of the Investigating Officer evincing clear opinion that the Customer Application Forms packed in 165 Boxes, had no utility in the investigation of the matter, this Court is of the opinion that non release thereof would not only be unjustifiable but would also be prejudicial to the interest of the petitioner as well as the customers whose application forms have remained pending for no fault of theirs. Further the application forms being totally unconnected with the subject matter of the investigation in the police case, this Court finds no reasons for its non release.
That being the position this application is allowed. The Chief Judicial Magistrate, Patna is directed to release the CAFs packed in 165 boxes in favour of the petitioner after verification of the authority of the petitioner to claim the same. The release order may be passed expeditiously and preferably within a period of two weeks of receipt/production of a copy of this order (Jyoti Saran, J) Bibhash/-