MOHAMMAD ALI Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been filed against the order dated 20-7-1998 passed by learned Judicial Magistrate First Class, Jabalpur framing the charge under Section 403, IPC

(2.) Kotwah Police, Jabalpur arrested the accused/applicant on 26-1-1998 on the allegation that he had stolen electric wire worth Rs 1,800/- which was seized from an Auto Rickshaw and which was stationed opposite the house of the accused/applicant. The police filed a complaint against the applicant, a copy of which has been filed as Annexure-C. In the complaint it has been mentioned that the applicant was arrested on 26-1-1998 and the seizure memo was prepared showing the seizure of 15 bundles of electric wire and an Auto Riksha No. MP- 20/9614 The seizure memo was made under Section 41{l)(d), Cr. P. C./379,IPC. The statements of Munna and Santosh Kumar were recorded who were the witnesses of the alleged seizure memo. One Bhure Khan was also examined who was the driver of the said Auto Rickshaw. The statement of Bhure Khan has been placed on record. According to his statement, he brought the impugned articles (electric wire) from the shop of Rubban Kabadi near Chaar Khamba. No statement of Rubban Kabadi was recorded by the police It appears that the applicant was arrested on account of non-production of the receipt of purchase of the wire. A Roznamcha report has also been annexed with the complaint indicating that no claimant of property could be traced. On going through the complaint submitted by the police before the learned Magistrate, it is gathered that the Electricity Department was also interrogated but they denied any theft having taken place from their stores.

(3.) According to the complaint, a case under Section 403, IPC is made out against the applicant. The learned Magistrate, on bare perusal of the complaint, Roznamcha, seizure memo and the statements of the witnesses recorded by the police, framed the charge under Section 403, IPC against the applicant by the impugned order. Hence this revision petition has been filed by the applicant.