JUDGMENT :

Ahsanuddin Amanullah, J.

Leave granted.

2. This appeal is directed against the Final Judgment and Order dated 02.08.2017 (hereinafter referred to as the “Impugned Judgment”) passed by the Lucknow Bench of the High Court of Judicature at Allahabad (hereinafter referred to as the “High Court”) in Case U/S 482/378/407 Cr.P.C. No.4929 of 2017, by which the Order dated 02.06.2017 passed by the Chief Judicial Magistrate, Lucknow rejecting the prayer for discharge of the appellants, who are husband and wife, respectively, has been upheld.

THE FACTUAL PRISM:

3. In brief, the allegations are that the Complainant/Respondent No.2 (hereinafter referred to as “R2”) was a tenant of a shop situated in the house of one Hari Narayan Shukla. On 29.06.2011, the appellants, along with others, locked the door of R2’s shop from inside, broke the wall and looted wheat (APL), sale money, about INR 21,000 worth of kerosene oil, goods in stock, all the registers of the shop, documents and a two-wheeler bearing Registration Number UP32BX2356 which led to R2 filing of the Hazratganj P.S. Case No.341 of 2011 dated 01.07.2011 (hereinafter referred to as the “FIR”) under Sections 448, 454 and 380 of the In