JUDGMENT

Gulab Gupta, J. - This order shall give the decision of Criminal Revision No. 700 of 1985 (Firoza Mehboob v. Qumar Ali Shah and another) filed by the complainant in the case and direct against the same impugned order.

2. This revision tiled under sections 397/ 410 Cri. P.C. is directed against the order dated 13.6.1985 passed by Kumari, Kshipra Jha, Judicial Magistrate First Class, Bhopal in Criminal Case No. 641 of 85 refusing to frame charge against the non-applicant and thereby acquitting him of offences under sections 40.5 and 406. I P.C.

3. Non-applicant was admittedly married to one Firoza Mehboob, the revision petitioner in Cri. Revision No. 700 of 85 on 22.10.1980 Unfortunately, their marriage could not last long and therefore the non-applicant divorced her on 25-8.82. The said Firoza Mehboob lodged a complaint with the police authorities that she had received ornaments, clothes, utensils etc. from parents and relatives as gift at the time of the marriage of which she was the exclusive owner. According to her, complaint, the said property was delivered to the non-applicant at the time of Rukhsat and non-applicant signed the list of the property in acknowledgement o