1. This petition under section 561-A Cr.P.C. seems to have been moved on behalf of petitioner /accused Anwar Sidiqui way back in November 1989.

2. The facts in brief which have given rise to the present case are that the petitioner has been challaned under section 420 read with section 406 RPC by police station Ram Munshibagh on FIR No: 52 of 1989.

3. It is alleged that on 23.5.1989, complainant Sidiq Gunna S/o Muhammad Sultan Gunna R/o Dalgate, Srinagar lodged a verbal report with the police station Ram Munshibagh that he had asked for renting out of hotel ˜Green™ from its owner Abdul Rahman Dar of Sonwar on yearly rent basis of Rs.1.05 lakhs and he had paid an advance of Rs. 50,000/- to said Abdul Rahman Dar. As because the hotel was still under construction, it was not ready for letting out, so he procured back the advance amount of Rs. 50,000/-. This he was carrying when one person Anwar Sidiqui who was known to the complainant was accompanying him. When they reached in the Sonwar market, the complainant alleges that he had gone to buy a cigerette and in the meanwhile he entrusted these Rs. 50,000/- to said Anwar Sidiqui. When he came back after purchasing cigarette, he found

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