RAVINDRA KUMAR TRIPATHI & ANOTHER Vs. SHAHID HUSSAIN

JUDGEMENT

(1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the proceedings of criminal case no. 3081 of 2006, Shahid Hussain vs R.K. Tripathi and others, under Section 409 of IPC, pending in the court of Addl. Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) A criminal complaint case was filed by the respondent against the applicants. After the statements of the complainant / respondent and his witnesses under Sections 200 and 202 of Cr.P.C. were recorded, the accused-applicants were summoned to face the trial in respect offence punishable under Section 409 of IPC. Aggrieved against said order, present application under Section 482 of Cr.P.C. was filed by the applicants.

(3.) The sum and the substance of the allegations against the accused-applicants was that when the truck of the complainant was in the custody of applicants in the campus of the Forest Department some of the items of the truck were taken away (by the applicants). Notice was issued to the respondent. It was ordered by this Court on 22.03.2013 that 'service upon the respondent has not been affected on account of the fact that he is not residing at the given address. Thus, the Court will hear petitioners only'. None appeared for the respondent before this Court.