SURYAKANT Vs. CHANDANMAL

JUDGEMENT

(1.) This application filed under Section 482 Cr.P.C. is directed against the order passed by the learned Judicial Magistrate First Class, Indore in Criminal Case No.36871/2006 dated 13.06.2014 and order passed by the learned 6th Additional Sessions Judge, Indore in Criminal Revision No.680/2014 dated 12.06.2015 whereby the learned Magistrate dismissed an application filed by the present applicant under Section 319 Cr.P.C. for impleading Sunil Chouradiya, Sangita Chouradiya, Ajay Chouradiya, Vinod Kumat and Parasmal Khajanchi as accused. The revisional Court also dismissed the revision filed against the order passed by the learned Judicial Magistrate and confirmed the order.

(2.) Aggrieved by the orders passed by both the courts below, the present application is filed under Section 482 Cr.P.C..

(3.) The facts of the case are that the applicant is dealing in sale and purchase of gold, silver and diamond jewellery. Some renovation work was going at his residence, and therefore, the respondent- Chandanmal insisted that he should keep all his jewellery and other valuables in the safe installed in his house. As the respondent was a family friend and they had good relation with each other, believing him the jewelleary was kept in his safe for temporary custody. However, after renovation work was over, the complainant went to bring his jewellery back, but the respondent refused to handing over, and therefore, the complainant lodged an FIR at Police Station- Tukoganj on 05.08.1998. The police refused to register an FIR and then he sent a written compliant on which FIR was registered on 30.03.1998 under Section 406 IPC.