CHHAYA WILLIAM Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. The application under Section 482 Cr. P. C. has been filed for quashing of the order dated 12-7-2002, passed by the Chief Judicial Magistrate, Etawah in Criminal Case No. 796/2000, Satyavir Singh v. Smt. Chhaya William and another, under Sections 454, 380 and 120-B, Indian Penal Code.

(2.) THE brief facts, giving rise to the present petition, are that Satyavir Singh Yadav, the respondent No. 2, filed an application under Section 156 (3) Cr. P. C. before the Chief Judicial Magistrate, Etawah, who treated the same to be a complaint and after recording statement under Sections 200 and 202 Cr. P. C. ordered for summoning of the accused applicants for the alleged offences. THE respondent No. 2 was working as a Ward Boy in the District Hospital, Etawah and on the day of occurrence, i. e. , 28-1-2002, he alongwith his wife and children had gone out, the applicants broke open the lock, took the possession of the room of respondent No. 2 stealing his articles. THE respondent No. 2 made effort to lodge an FIR, but did not succeed and the present application under Section 156 (3) Cr. P. C. was moved, which was treated as complaint and after enquiring under Section 202 Cr. P. C. issued the process against accused.

(3.) THE rejoinder-affidavit was filed on behalf of the accused applicants reiterating the stand taken in the application and further alleging that respondent No. 2 was never allotted the said quarter, but he has forcibly and illegally put his some articles inside the quarter.