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2020 Supreme(MP) 510

ANAND PATHAK
Banti alias Jitendra Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
Abhishek Tiwari for applicant; Ravindra Sharma, Public Prosecutor of respondent/State.

ORDER

1. Present revision petition under section 397 read with section 401 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner against the judgment dated 27.2.2020 passed by Sessions Judge, Guna whereby the appeal preferred by the petitioner against the judgment dated 13.11.2018 has been dismissed and conviction recorded by the trial Court under section 379 of IPC and award of rigorous of imprisonment for 8 months with fine of Rs. 1,000/- has been affirmed.

2. Record retrieved and with the consent of the parties, matter is heard finally.

3. Brief facts of prosecution is that a complaint was registered by the complainant Gyan Prakash Bhargawa (PW1) with the allegation that on 26.7.2017 around 9 am, he along with his son Vidyansh went to Alap Academy at Guna over a motorcycle Hero Honda CD Deluxe bearing registration No. MP-08-MH-4428 and when he left the motorcycle outside the premises of academy to drop his son and went inside, meanwhile somebody committed theft and took the motorcycle away. When he came out from the academy he found the said fact and therefore, registered a complaint on which FIR has been lodged and matter has been taken into investigation.

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