MEHARBAN Vs. BUDDHI

JUDGEMENT

(1.) ON a complaint made by applicant, opposite parties were summoned for an offence Under Section 395 of the Indian Penal Code. The Magistrate held an inquiry Under Section 208 of the Code of Criminal Procedure and after assessing the evidence reached a conclusion that the opposite parties removed the Sarson crop which was the produce of the disputed plot, under a bona fide assertion of their right and so no case has been made out against them. Accordingly, he discharged them.

(2.) APPLICANT came up in revision before the learned Additional Sessions Judge, Shahjahanpur. After hearing the parties at length, the learned Judge agreed with the finding of Inquiry Magistrate that the cutting and removing of the crops from the fields and removal of the crops of these very plots from the threshing floor of the complainant therefore did not constitute theft or any other criminal offence.

(3.) THE learned Judge, therefore, dismissed the revision.