AB MAJID MANTOO Vs. GH MOHD TUWAN

JUDGEMENT

(1.) THIS revision is directed against the order passed by learned Sessions Judge, Srinagar on 24 -11 -1986.

(2.) TO appreciate the revision in its correct perspective, the facts which have given rise to the present petition are that a case under section 379 RPC was filed in the court of Judicial Magistrate, 1st. Class (Forest Magistrate), Srinagar by the State against one Abdul Majid Mantoo and others, which came to be listed as case No: 260 of 30 -12 -1980. The said case was decided on 28 -1 -1985.

(3.) IT is averred that the case was presented by Police Station Saddar against the person of Abdul Majid Mantoo, Shakeel Ahmad, Mohammad Amin and Mohammad Shaban under section 379 RPC. The averments in the said case were that a Taxi car bearing registration No: 204 -JKT was removed by the accused persons during the intervening night of 24th/25th of August, 1980 from the possession of the complainant who had parked the same in front of his house and as such, the accused are alleged to have committed the offence of theft in respect of said car as the same has been recovered from their possession.