SHANTILAL SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have preferred this petition under Section 482 of Criminal Procedure Code, 1973 for quashment of order dated 20.02.2018 (Annexure P/1) passed by the Court of Additional Sessions Judge, Khachrod, District Ujjain (MP) in Criminal Revision No.181/2017, whereby affirming order dated 17.08.2017 (Annexure P/2) passed by the Judicial Magistrate First Class, Khachrod, District Ujjain (MP) in Criminal Case No.619/2012 by which application filed by the petitioners under Section 468 of the Code of Criminal Procedure, 1973 was dismissed.

(2.) Briefly stated facts of the case are that complainant Amritlal entrusted 33.139 kilograms of silver with the present petitioners. This silver was handed over to the petitioners in presence of servant of complainant Amritlal. On 04.10.2009, complainant Amritlal made a demand of his silver, then the petitioners refused to return the same by saying that they were not having any silver of the complainant. Complainant Amritlal made a complaint before the Police regarding the aforesaid incident vide Annexure P/3. On the basis of which, a crime was registered against the petitioners for offence punishable under Section 406 read with Section 34 of the Indian Penal Code, 1860 on 19.07.2012 vide Crime No.619/2012 at Police Station Khachrod, District Ujjain (MP).

(3.) After completion of the investigation, Police Station Khachrod District Ujjain (MP) submitted charge sheet against the petitioners before the Court of Judicial Magistrate First Class, Khachrod, District Ujjain (MP) on 04.12.2012. On the basis of which, the Court has taken cognizance of the offence against the petitioners punishable under Section 406 read with Section 34 and Section of the 120-B of the Indian Penal Code, 1860. Subsequently by order dated 12.09.2013 (Annexure P/4) charges punishable under Sections 406 and 120-B of the Indian Penal Code, 1860 were also framed against the petitioners.