JUDGMENT

M.L. Mehta, J.

1. The present petition is preferred under section 482 Cr.P.C. r/w Article 227 of the Constitution assailing the order of the Ld. ASJ dated 19.09.2007 upholding the decision of the Ld. MM dated 12.05.2006 vide which the charge under section 406 IPC was ordered to be framed.

2. The brief facts necessitating the present petition are that the complainant on 30.10.1998 lodged a complaint at police station, Lahori Gate alleging that a file of the complainant containing Sales Tax Forms has been misappropriated by the petitioner. On enquiry a report was given by the ACP concerned that no case is made out. The complainant/respondent No. 2 filed a criminal writ before this court against the police officials which was disposed of with direction to the DCP, North, to look into the complaint and proceed in accordance with law. In pursuance of the direction of this court the ACP conducted an enquiry and submitted a report concluding that an offence under section 406/420 IPC is prima facie made out. On the basis of this report the DPC directed P.S. Lahori Gate to register an FIR whereupon FIR No. 492/1999 under section 406/420 IPC was registered against the petitioner