MOHD JAMIL Vs. STATE OF U P

JUDGEMENT

(1.) THE present revision has been filed by the revisionists against the order dated 5.7.1990 passed by the C.J.M., Fatehpur in Criminal Case No.2043 of 1989, Tasuk Husain Vs. Mohd. Salim and another whereby the revisionists have been summoned to face trial for the offence punishable under section 379 IPC.

(2.) BRIEF facts of the case are that on the day of incident complainant -O.P.No.2 had gone to the village market. The revisionists were staying in the house of the complainant in connection with fishing. On the day of incident revisionists in absence of complainant and without his consent dishonestly took away blankets, fishing net and Rs.490/ - in cash belonging to the complainant. This incident was witnessed by Usman and Subhan and the complainant was informed about the incident on his return. It is also the case of complainant that female family members were present inside the house, therefore they could not see the incident. Complainant informed to the local police about the incident but no action was taken by the police. Hence the complaint was filed. Complainant examined himself under section 200 Cr.P.C. and also witnesses Subhan and Usman under section 202 Cr.P.C.

(3.) LEARNED Magistrate after collecting evidence and hearing the complainant summoned the revisionists.