DASHRATH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) S. S. Kulshrestha, J. Heard the learned Counsel for the applicant and also the learned AGA and perused the materials on record.

(2.) THIS application under Section 482 of the Code of Criminal Procedure (in short 'the Code') has been brought for quashing the charge-sheet submitted by the Police in Case Crime No. 391 of 2002 (Case No. 1341 of 2003 ). It has been contended by the learned Counsel for the applicant that the applicant is running a Computer Service Centre at Tehsil Macchchlishahr, District Jaunpur and is rendering service in marriages, engagements and other ceremonies. The Police Kerakat contacted the applicant for engaging his service for certain function. The applicant expressed his readiness for the same but on the basis of some usual charges. At that the Police Kerakat got annoyed and implicated him in a case by getting a false report lodged. They arranged raid in the night of 1st October, 2002 and took away one Boxer Motor Cycle, Video Camera, Video Mixer Set, Video camera magnavas CVL-323, adaptor with lead. Batter Panasonic with Pin. Emergency Light, VCR Panasonic with lead and rechargeable battery and implicated him for the offence under Sections 411 and 414 IPC. No other person moved any application with regard to the ownership of the aforesaid articles. Resultantly, the release was made in favour of the applicant on the basis of the order passed by this Court in Criminal Misc. Application No. 343 of 2003, Dashrath Yadav v. State of U. P. on 17th January, 2003. It has further been mentioned that even if the First Information Report version is accepted to be true on its face value no offence is made out. In that regard the conclusion arrived at by the Investigating Officer in Case Crime No. 391 of 2002 was read over. From the conclusion of the investigation drawn by the Investigating Officer it is clear that he himself is not sure as to what offence the accused applicant has committed. It was also mentioned by him that this was also not ascertainable that to what theft these articles relate to but his assumption is that these articles may be belonging to one or the other person. Merely on assumptions, the accused applicant cannot be tried. So far as the charge-sheet pertaining to Case Crime No. 391 of 2003 under Sections 420, 406 and 411 IPC is concerned this is also connected with the earlier recovery pertaining to the Case Crime No. 392 of 2002.