JAGDISH PRASAD SEN Vs. STATE OF M.P.

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties, matter is heard finally.

(2.) IT is submitted by the learned counsel for the petitioner that petitioner is posted as Constable in the G.R.P. (N.G.), Gwalior. On 3.12.2011 complainant Sunil Chaurasiya lodged a report that he was coming alongwith his wife by Bhind Gwalior passenger on 16.1.2011 from Soni Station to Gwalior. He kept his suitcase at the upper berth. Two boys came and sat there. The complainant got suspicious, hence, he opened his suitcase and found that jewelleries and cash of Rs. 2,800/ - were stolen. The FIR at Crime No. 4/11 was registered and after due investigation, Challan was filed before the Special Railway Magistrate, Gwalior. Vide judgment dated 17.12.2011 the learned Magistrate has acquitted the accused, however, in para 18 of the judgment has observed as under: -

(3.) LEARNED Public Prosecutor for the respondents/State has supported the judgment dated 17/12/2011.