Sudhendu alias Chunnu Srivastava has filed this application under Article 226 of the Constitution of India praying that the order dated 3. 2. 90 passed by the Chief Judicial Magistrate, Gorakhpur under Section 82, Cr. PC. against the petitioner in Crime No. 149 of 1989, under Section 395 and 397,i. P. C. be quashed.

2. This order was passed on the application dated 3. 2. 90 of the Station Officer of Police Station Cantt. Gorakhpur praying for the issue of proclamation and attachment under Sections 82 and 83 Cr. P. C.

3. This case relates to an occurrence which is said to have taken place at the house of complainant Paritosh Kumar Bagar, resident of Judges Compound, Gorakhpur at whose house a dacoity was committed by 8 or 9 unknown dacqits at 11. 30 a. m. on 13. 5. 89 in which the dacoits made good their escape after taking away clothes, ornaments and cash. A report of the said occurrence was lodged by Paritosh Kumar Bagar at Police Station Cantt. Gorakhpur at 12. 30 p. m. the same day alleging that his property consisting of ornaments, clothes and cash were looted by unknown dacoits in his house in his presence as well as in the presence of other inmates of his house