JUGAL KISHORE TEWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the Judgment and order dated 17.3.1990 passed by the Judicial Magistrate, Jalaun at Orai in Criminal Case No. 867 of 1989, Jugal Kishore Vs. Bhajan Prakash and others, acquitting the accused persons under Section 382 I.P.C.

(2.) Facts in brief are that the revisionist filed a complaint before the learned trial court alleging that the revisionist was residents of Mustgees Mohalla, Tulsi Nagar, Qasba Orai, District Jalaun and runs a shop of motor parts.

(3.) The opposite party no. 2 had instituted an execution application in which the revisionist had to pay Rs.31,00/-. After the orders of the court, the Advocate Commissioner Sri Abhilakh Singh Advocate accompanied by opposite party no. 2 and 15 to 20 unknown persons armed with arms, lathi, saria and ballam reached the spot and started shouting slogans that if anybody would interfere in the execution, they would kill him. Bhajan Lal opposite party was carrying his licensed revolver. On 12.2.1986 at about 9 p.m. when the shop was closed, the opposite parties 2 to 5 broke open the lock of the shop and took away Rs.3350/- cash and committed theft of articles worth Rs.54,300/- and set the doors of shops ablaze due to which they were partially burnt. This occurrence was witnessed by neighboring shop keepers, namely, Prem Prakash Maheshwari, Vrindawan, Jagdish Prasad, Mahesh Chandra and others. It is stated that the son of the revisionist Ashok Kumar also saw the occurrence and after reaching home, he narrated the occurrence to the revisionist who reached the spot and saw that all the articles of his shop were missing and half of the doors were burnt. The brother of the revisionist filed a written report at the police station but the report was not lodged, hence, he moved an application before the S.S.P. on 13.2.1986 but no action was taken thereupon by the S.S.P., therefore, a complaint was filed.