SURENDRA KUMAR Vs. BHAWANI SHANKAR SHARMA

JUDGEMENT

(1.) THE petitioners seek quashment of charges dated 8.3.2001 framed against them for offences punishable under section 454/380 IPC, in Criminal Case No. 709/99 pending in the Court of Shri M.L. Jhok, JMFC, Hoshangabad, which is registered on the private complaint filed by non -applicant No. 1, Bhawani Shankar Sharma. The aforesaid order dated 8.3.2001 passed by learned JMFC Hoshangabad, was unsuccessfully challenged in Criminal Revision No. 40/2001 which stood disposed of by first ASJ Hoshangabad on 4.9.2001.

(2.) THE non -applicant No. 1 filed a complaint against these petitioners and three others, for offences punishable under sections 454,380, 461 read with section 34 IPC in the Court of CJM Hoshangabad on 17.7.1985, on these allegations that on 20.7.1982. the petitioners and three others committed house trespass in the house situated at village Palasdoh, which was in the possession of the complainant and then, after digging the floor of a room in the night, have taken with them, the golden so also the silver ornaments in addition to silver coins weighing 40 -50 kgs. which they found burried beneath the floor. According to the complaint, the aforesaid house situated at Palasdoh. is parental house of the complainant, which was being often occupied by the widow Khushali Bai, who happened to be the sister of complainant's father and who left the house for the last time, sometime earlier to 18th July, 1982, when she died at Chhindwara.

(3.) THEN , after appreciating all the documents filed on behalf of these petitioners, and the arguments, advanced on their behalf, the learned first ASJ Hoshangabad also did not find any illegality, impropriety or irregularity having been committed by the learned JMFC in framing the charges against these petitioners, on consideration of statements of aforesaid witnesses of complainant, namely, Bhawani Shankar Sharma himself, Mangilal and Banshilal.