GANGA GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned A.G.A.

(2.) THE petitioner by means of this petition has sought to quash the charge -sheet submitted by Kubersthan Police Station of District Kushinagar in Case Crime No. 34 of 2005 under Sections 379 and 411 I.P.C. and also the proceedings arising therefrom in Criminal Case No. 451 of 2005 pending before the A.C.J.M., Kasia District Kushinagar.

(3.) IN order to constitute the offence of theft it is imperative on the part of the prosecution to establish that the movable property has been taken away dishonestly out of the possession of any person without his consent. The definition of theft as given in Section 378 I.P.C. is quoted below: