RAM CHANDA BALANI Vs. STATE OF U P

JUDGEMENT

(1.) THE applicants Ram Chanda Balani and his son Shyam Balani have filed this application under Section 482, Cr. P.C. for quashing the proceedings of the Criminal Case No. 399 of 2000, State v. Ram Chanda Balani and another under Section 380, I.P.C. pending in the Court of 1st Additional Chief Judicial Magistrate, Mathura alongwith the impugned order dated 6.11.2004 and charge-sheets dated 25.4.2000 and 5.7.2000.

(2.) NEITHER the opposite party No. 1 nor the opposite party No. 2 (the complainant) filed any counter-affidavit.

(3.) THE learned Additional Chief Judicial Magistrate took cognizance of the offence and issued processes to the applicants. THE applicants, after putting appearance before the Additional Chief Judicial Magistrate, contended that no offence was made out against them and prayed for their discharge. THE learned Magistrate considered the entire material annexed with the charge-sheet and arrived at the conclusion that there was sufficient evidence on record to frame a charge under Section 380, I.P.C. against the applicants. Accordingly the learned Magistrate passed the impugned order dated 6.11.2004 and rejected the applicants' prayer for discharge and decided to frame a charge under Section 380, I.P.C. against them. THE applicants have challenged the order dated 6.11.2004 of the Additional Chief Judicial Magistrate, Mathura as well as charge-sheets dated 25.4.2000 and 5.7.2000 in the instant case.