RAKESH Vs. STATE OF U P

JUDGEMENT

(1.) REVISIONISTS Rakesh, Anil and Ajay have filed this revision against the order dated 20.7.2009 passed by Chief Judicial Magistrate, Mathura rejecting the application of the applicants for their discharge in Case No. 296/05 under Sections 420, 406 and 506, I.P.C. and Section 20 of Mines and Minerals Act.

(2.) IN brief, the facts of the case are that the first informant Surendra Kumar gave an affidavit to the Circle Officer, Sadar Mathura, deposing therein that about three years back Raghunath Mallah, who was known to him, told that some devotee had offered ring, bangles and 'kundal' to the holy river Ymauna and probably these ornaments are of diamond. The first informant examined those ornaments and found them to be worth Rs. 1.5 crore. The first informant advised Raghunath either to dedicate those ornaments again to the holy river Yamuna or to deposit them in the Government treasury, Raghunath after consultation with his brothers handed over the ornaments to the first informant Surendra with a direction that the ornaments may be deposited with the treasury. When the first informant Surendra was returning to Mathura the accused Rakesh and Anil met him. They were the known jewellers of the city. The first informant showed these ornaments to them and narrated the entire story. They both examined the ornaments and told that they are precious. Rakesh and Anil then said that the ornaments be deposited in the office of the Collector. The first informant, Rakesh and Anil came to the office of Collector. Rakesh went inside and on his return told that the Collector is not there. The first informant then suggested that the ornaments may be given to the Collector at his residence but they both said that the ornaments will be given in the office. The allegation of the first informant Surendra is that since he was having cordial relations with Rakesh and Anil and since they were the big businessmen he left the bag with them. They assured that they will deposit the ornaments in the office of the Collector next day. When the first informant made enquiries from them they confirmed that the ornaments have been deposited in the office. However, the first informant being suspicious made an enquiry and found that the ornaments were not deposited in the office of the Collector. When the first informant made enquiries from them in this regard they threatened and said that they will manage to send the first informant to jail. It was also mentioned in the affidavit that their brother Ajay is the head of the family and is famous for such type of cheating. It was also mentioned that the accused Anil, Rakesh and their brother Ajay are threatening to kill. According to the first informant when he visited the house of Rakesh and Anil he was accompanied by Praveen, Horilal, Gopal, Lalchand, Viswanath and Kishanlal.

(3.) I have heard the learned counsel for the revisionists as well as the learned A.G.A. and perused the papers as have been filed by the revisionists with the revision.