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2024High CourtLatestLegalMay 2024

Charge-sheet – Quashing on account of settlement – Cost of Rs.25,000 to the Government Pleader’s Library

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The container truck of the logistic company was sent with the goods from Bangalore on 26.5.2023 to Delhi.   The applicants are the drivers and cleaner.  The truck was untraceable from 29.5.2023 with the goods.

The truck was some how traced near petrol pump at Nagpur.  However, the goods of six crores were found missing.

The police investigated the Crime No.346 of 2023 and filed the charge-sheet in Crime No.346 of 2023 for the offences punishable under Sections 408, 411, 120B read with Section 34 of the Indian Penal Code.

In the meanwhile, the matter was settled.  The informant filed an affidavit about the settlement, receipt of all the goods and no objection to quash the proceedings.  It was stated that he has no grievance against the persons who are shown to be absconding accused and that the applicants are his trusted employees.  Due to mis-understanding, the report was lodged.

 

However, the High Court had observed that the police machinery was rotated and several steps have been taken, the applicants submitted that they would deposit Rs.25,000/- as costs.

 

In view of the above, the High Court quashed the charge-sheet and directed the applicants to deposit Rs.25,000/- to the Government Pleader’s Library, Nagpur High Court.

Order dated 21.3.2024 of the High Court of Bombay at Nagpur Bench in Criminal Application No.170 of 2024 (APL) of Harish Hajar Khan and others  Vs. The State of Maharashtra and another.

 

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