Decided on October 13,1993

Anwar Sidiqui Appellant
STATE OF J AND K Respondents


ABDUL QADIR PARRAY, J. - (1.)THIS petition under section 561-A Cr.P.C. seems to have been moved on behalf of petitioner/accused Anwar Sidiqui way back in November 1989.
(2.)THE facts in brief which have given rise to the present case are that the petitioner has been challenged under section 420 read with section 406 IPC by police station Ram Munshibagh on FIR No. 52 of 1989.
It is alleged that on 23.5.1989, complainant Sidiq Gunna S/o Mohd. Sultan Gunna R/o Dalgate, Srinagar lodged a verbal report with the police station Ram Munshibagh that he had asked for renting out of hotel 'Green' from its owner Abdul Rahman Dar of Sonwar on yearly rent basis of Rs. 1.05 lakhs and he had paid an advance of Rs. 50,000/- to said Abdul Rahman Dar. As because the hotel was still under construction, it was not ready for letting out, so he procured back the advance amount of Rs. 50,000/-. This he was carrying when one person Anwar Sidiqui who was known to the complainant was accompanying him. When they reached in the Sonwar market, the complainant alleges that he had gone to buy a cigarette and in the meanwhile he entrusted these Rs. 50,000/- to said Anwar Sidiqui when he came back after purchasing cigarette, he found Anwar Sidiqui alongwith the amount missing and he was told that he had boarded an auto and had fled out from spot.

(3.)ON the above averments, the complainant got a case registered that his amount which was entrusted by him to petitioner Anwar Sidiqui had been mis-appropriated by him and after misappropriation, he vanished from the spot, After this report was registered, the accused/petitioner herein was apprehended and the amount of Rs. 46000/- was recovered from his person and at his instance and he has been put for trial.

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