VISHNU KUMAR SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the Final Judgment and Order dtd. 2/8/2017 (hereinafter referred to as the "Impugned Judgment") passed by the Lucknow Bench of the High Court of Judicature at Allahabad (hereinafter referred to as the "High Court") in Case U/S 482/378/407 Cr.P.C. No.4929 of 2017, by which the Order dtd. 2/6/2017 passed by the Chief Judicial Magistrate, Lucknow rejecting the prayer for discharge of the appellants, who are husband and wife, respectively, has been upheld.

(3.) In brief, the allegations are that the Complainant/Respondent No.2 (hereinafter referred to as "R2") was a tenant of a shop situated in the house of one Hari Narayan Shukla. On 29/6/2011, the appellants, along with others, locked the door of R2's shop from inside, broke the wall and looted wheat (APL), sale money, about INR 21,000 worth of kerosene oil, goods in stock, all the registers of the shop, documents and a two-wheeler bearing Registration Number UP32BX2356 which led to R2 filing of the Hazratganj P.S. Case No.341 of 2011 dtd. 1/7/2011 (hereinafter referred to as the "FIR") under Ss. 448, 454 and 380 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC").