SURESH CHANDRA RASTOGI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Karuna Shankar Rastogi Advocate, the learned counsel for the applicant and Sri Shaunak Singh, the learned AGA-I for the State.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C. the applicant has sought quashing of the order dtd. 24/12/1985 passed by the learned Chief Judicial Magistrate, Lakhimpur Kheri in a complaint filed under Sec. 193/211 IPC, which has been registered as a Criminal Case No.1191 of 1987: State Vs. Suresh Chandra Rastogi as well as the order dtd. 12/1/1987, passed by the aforesaid Court whereby charges have been framed against the applicant.

(3.) Briefly stated, facts of the case are that the applicant had filed an FIR bearing Case No. 86 of 1980 under Ss. 380 and 411 IPC, Police Station Muhammadi, District Lakhimpur Kheri on 7/3/1980 stating that Ishtiyaq Ali and Hamid were keeping potatoes for storage in a room of the applicant. There was a wooden almirah in the wall of the room, in which some jewelery was kept. The applicant had gone to his shop in a haste while leaving the almirah unlocked and when he checked the almirah after coming back, the jewelery was not there and Ishtiyaq and Hanif had gone away. The applicant had expressed a suspicion that aforesaid persons had stolen his jewelery. Some jewelery is said to have been recovered from named accused persons, Ishtiyaq and Hanif and another article was recovered from one Imtiyaz, who was also made an accused.