YOGESH RAI AND ORS. Vs. STATE OF SIKKIM

JUDGEMENT

(1.) PETITIONER No. 1 is the sole accused in GR Case No. 192/2015 (State of Sikkim v. Yogesh Rai) under Sections 457/380 IPC, pending in the Court of Chief Judicial Magistrate (East & North) at Gangtok, East Sikkim. The said case arises out of FIR No. 18/2015 registered at Ranipool Police Station, East Sikkim at Gangtok. Petitioner No. 2 is the complainant, who had lodged the said FIR No. 18/2015.

(2.) PETITIONER No. 2, on 05.04.2015, lodged FIR No. 18/2015 in Ranipool Police Station regarding the theft committed in her shop in which one LPG cylinder with Regulator, some cigarettes, two bottles of bear and a jar of mustard oil etc., amounting to Rs. 4,000/ - were stolen. The said articles were seized from the house of Petitioner No. 1. The police, thereafter, filed charge -sheet against the Petitioner No. 1 and the said GR Case was registered in which he is facing trial under Sections 457/380 IPC.

(3.) MS . Bhutia also refers to the Judgment of Gian Singh v. State of Punjab and Another: : (2012) 10 SCC 303 and many other Judgments rendered by various High Courts.