Suresh Chandra Rastogi vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 85

SUBHASH VIDYARTHI
Suresh Chandra Rastogi – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Applicant : Daya Shanker Mishra, Karuna Shanker Rastogi, Ram Kishor

JUDGMENT :

1. Heard Sri Karuna Shankar Rastogi Advocate, the learned counsel for the applicant and Sri Shaunak Singh, the learned AGA-I for the State.

2. By means of the instant application filed under Section 482 Cr.P.C. the applicant has sought quashing of the order dated 24.12.1985 passed by the learned Chief Judicial Magistrate, Lakhimpur Kheri in a complaint filed under Section 193/211 IPC, which has been registered as a Criminal Case No.1191 of 1987: State Vs. Suresh Chandra Rastogi as well as the order dated 12.01.1987, passed by the aforesaid Court whereby charges have been framed against the applicant.

3. Briefly stated, facts of the case are that the applicant had filed an FIR bearing Case No. 86 of 1980 under Sections 380 and 411 IPC, Police Station Muhammadi, District Lakhimpur Kheri on 07.03.1980 stating that Ishtiyaq Ali and Hamid were keeping potatoes for storage in a room of the applicant. There was a wooden almirah in the wall of the room, in which some jewelery was kept. The applicant had gone to his shop in a haste while leaving the almirah unlocked and when he checked the almirah after coming back, the jewelery was not there and Ishtiyaq and Hanif had gone away. Th