Mahavir Singh

1. THIS is an application under Section 482, CrPC by the accused of a case pending against them under Section 379, IPC in the court of Chief Judicial Magistrate, Hardoi in a complaint case No. 38 of 1976 No. 189 of 1976.

2. THE allegations made by the applicants are that a complaint was filed by the opposite party against them for committing an offence under Section 379, IPC. It was alleged that he (opposite party) is dealer of foodgrains and oil seeds in Galla Mandi of town Sandila district Hardoi. About eight days prior to the date on which the complaint was Sled, i.e. 22-6-76, the applicant No. 1 had sent a letter to him that he was coming for purchase of oil seeds and food grains and these applicants reached there in the evening of 19th June, 1976 and stayed at the shop in the night. THEy stayed in the shop next day also and (refused) to give orders after contacting their companions on phone. THE applicants were said to have stayed alone in the shop. Next morning on 21- 6-76 at about 8.00 A. M , the opposite party reached the shop and then he found that the lock of the cash box (Golak) was broken and Rs. 500/- and one golden chain weighing about 2 1/2 tolas