MOHMMAD 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.) KOTWALI 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 -appellant. The police filed a complaint against the applicant, a copy of which has been filed as Annexure -e. 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 (1 -4), CrPC/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 Chhar 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.) IT has been argued by Shri Jaisani, learned counsel for the applicant that it has come in the statement of auto rickshaw driver recorded by the police that he brought the impugned electric wire from the shop of one Rubban Kabadi. The police did not record the statement of Rub ban Kabadi though his address was given by the auto rickshaw driver. It has also been putforth by learned counsel that since the applicant could not produce any bill or receipt of the impugned electric wire, therefore, the applicant has been roped in there alleged offence. According to the learned counsel, prima facie there is no material to hold the applicant to be guilty of the offence punishable under section 403, IPC. Thus, it has been prayed that this revision petition be allowed and the charge framed against the applicant under section 403, IPC be quashed.