BHAGWAN PRASAD TRIVEDI Vs. STATE OF UP

JUDGEMENT

(1.) This is an application under section 482 Cr. P.C. for quashing the proceedings in Criminal Case no. 684/91, under sections 380/506 I.P.C. and the summoning order dated 11.3.1991 passed by VIIth Metropolitan Magistrate Sisaman District Kanpur Nagar.

(2.) The brief facts of the case are that the applicant no. 1 Bhagwan Prasad Trivedi and respondent no. 2 Han Prasad Trivedi are real brothers and are residing in separate portions of the same house. The respondent no. 2 lodged a first information report on 21.3.1990 against the present applicants in which he alleged that on 20.3.1990 at about 8.30 P.M. Bhagwan Prasad Trivedi and his wife and applicant Dinesh Kumar took away some article worth Rs. 16,000/- from the possession of Han Prasad Trivedi after breaking open his lock, it was also alleged that Han PrasadTs wife objected to it but the applicants threatened her. The copy of F.I.R. is Annexure 3 to the petition.

(3.) The police submitted a final report on 31.3.1990 on the ground the petition suit is already pending between the applicants and the case is instituted after exaggerating the facts the learned Magistrate, on the basis of the protest petition filed by Han Prasad Trivedi on 21.2.1991 passed an order on 11.3.1991 summoning the accused for 25.4.1991. The summoning order is Annexure 6 to the petition.