RAM NIWAS Vs. ZAFAR ABBAS

JUDGEMENT

(1.) THIS application Under Section 561-A Cr. PC (old) has been filed for quashing the proceedings of Criminal Case No. 89 of 1973 (State v. Ram Niwas and Ors.) pending in the Court of Munsif-Magistrate, Sadar at Faizabad.

(2.) THE petitioner and Zafar Abbas, opposite party No. 1 who is the complainant of the case, which has given rise to this application are residents of Mohalla Abdullahpur, in the town of Akbar-pur in Faizabad district. Applicants Nos. 2 to 7 are the sons of Ram Niwas, applicant No, 1.

(3.) AT 8. 30 A. M. on 5-5-1970 Zafar Abbas opposite party No. 1 lodged a F, I. R. at police station Akbarpur alleging that offences Under Sections 406 and 420 I P. C. were committed by the petitioners. Akbarpur police investigated the case and ultimately submitted a charge-sheet against the petitioners which has given rise to Case No. 89 of 1973 which is at present pending in the Court of Munsif-Magistrate, Sadar at Faizabad. All the prosecution witnesses of fact have already been examined and statements of the accused have been recorded Under Section 342 Cr. PC (old ). The prosecution has now applied for sending a receipt, whose copy is, Annexure 2, to Hand Writing Expert and the learned Magistrate has allowed that prayer.