1. - This is a revision under section 397/401 Cr.P.C. against the order of learned Additional Chief Judicial Magistrate No. 3, Udaipur dated 1.8.1996 by which he framed charge under section 406 IPC against the petitioner.

2. I have heard the learned counsel for the petitioner as well as learned Public Prosecutor.

3. The facts of the case are that Nasrin Bano was married to Iqbal Hussain on 21.10.1990. The allegation is that she was ill-treated so she left the house of the husband on 23.10.1991. She was living with her parents. On 5.7.1995 she filed a complaint before the Magistrate which was forwarded u /s. 156(3) Cr.P.C. to the Police Station, Dhan Mandi, Udaipur. After investigation, police submitted challan on 30.9.1995 and vide impugned order dated 1.8.1996 learned Magistrate framed charge under section 406 IPC against the petitioner.

4. Learned counsel for the petitioner submitted that the charge could not have been framed against the petitioner, firstly, because prosecution was barred by limitation and secondly, the ornaments have been handed over by the petitioner on 23.9.1995. He also submitted that there was no allegation of entrustment or misappropriation and there