1. This revision petition has been filed against the order dated 20.7.1998 passed by learned Judicial Magistrate First Class, Jabalpur framing the charge under section 403, IPC.

2. Kotwali Police, Jabalpur arrested the accused-applicant on 26.1.1998 on the allegation that he had stolen electric wire worth Rs.1,800/- which was seized from an Auto Rickshaw and which was stationed opposite the house of the accused-appellant. The police filed a complaint against the applicant, a copy of which has been filed as Annexure-e. In the complaint it has been mentioned that the applicant was arrested on 26.1.1998 and the seizure memo was prepared showing the seizure of 15 bundles of electric wire and an Auto Riksha No. MP-20/9614. The seizure memo was made under section 41 (1-4), CrPC/379, IPC. The statements of Munna and Santosh Kumar were recorded who were the witnesses of the alleged seizure memo. One Bhure Khan was also examined who was the driver of the said Auto Rickshaw. The statement of Bhure Khan has been placed on record. According to his statement, he brought the impugned articles (electric wire) from the shop of Rubban Kabadi near Chhar Khamba. No statement of Rubban K