ISHWAR SARAN SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is criminal revision, preferred under Section 397, read with Section 482 of the Code of Criminal Procedure, directed against the order dated 2/01/1997, passed by Shri Naresh Jain, I Additional Chief Judicial Magistrate, Saharanpur, rejecting the petitioners' applications for dismissal of the complaint under Section 249 of the Code of Criminal Procedure, 1973.

(2.) I have heard the learned counsel for the revisionists, Shri K.S. Jetley, and learned counsel for the respondent No. 2 Shri B.B. Paul, and the learned Additional Government Advocate.

(3.) Shri Surinder Pal Jetley in collusion with the other revisionist Shri Ishwar Saran Shukla, posted as Assistant Guard in the Railway, in the intervening night of 11/ 12/09/1989 removed 26 'sarees' from 31 Up Frontier Mail on way from New Delhi to Ambala. Further, 77 'sarees' were recovered from the possession of the accused Ishwar Saran Shukla. Accordingly, a complaint by Shri L.P. Singh, Inspector, R.P.F. under Section 3 of the Railway Property (Unlawful Possession) Act, 1966, was lodged on 31-10-1989 before the learned Additional Chief Judicial Magistrate, Saharanpur. During the hearing of the case, the complainant and the public prosecutor appearing on behalf of the prosecution, defaulted in appearance on 18/01/199 6/07/1996 and 2/01/1997. The accused persons, therefore, moved application for dismissal of the complaint in view of the provisions of Section 249, Cr.P.C. Further, the accused moved application for dropping of the case against them, in view of the decision of the Hon'ble Supreme Court in Common Cause, a Registered Society v. Union of India, reported in AIR 1996 SC 1619. The learned Additional Chief Judicial Magistrate has rejected the petitions moved by the accused persons, hence the present revision.