DINESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.131/2019 registered at Police Station Berchha, District Shajapur (MP) for offence punishable under Sections 457 and 380 of the Indian Penal Code, 1860.

(2.) The applicant is in custody since 31.10.2019.

(3.) As per prosecution case, on 07.07.2019, complainant Ashish Jain s/o Narayanlal Jain lodged FIR at Police Station Berchha, District Shajapur (MP) alleging that on 06.07.2019 at about 08.30 PM, after shutting down his shop he went to his house and Janitor Bherulal was sleeping near the shop, at that time some unknown person looted cash and other goods from his shop, and during the incident, Janitor Bherulal tried to catch the accused persons, but they fled away from the spot after assaulting him. Hence, the present applicant has been arrested and the case has been registered against him for the alleged offence.