Umesh Chandra Srivastava, J. - (1.) Applicant-Anil Sabbarwal son of Sri O.P. Sabbarwal is before this Court seeking quashing of entire proceedings of Complaint Case No. 4212 of 2013 (Vishal Kochhad Vs. Pulkit Sahney and others), under Section 406 IPC, P.S. Sector-20, District Gautam Budh Nagar, pending in the court of Additional Chief Judicial Magistrate, IIIrd, Gautam Budh Nagar.
(2.) Heard Sri Rajesh Pathak, learned counsel for applicant, Ms. Nazia Ilyas, learned counsel for opposite party no. 2, learned A.G.A. for State and perused the record.
(3.) Learned counsel for applicant submitted that order dated 03.4.2014 of learned Magistrate passed in complaint case no. 4212 of 2013 suffers from illegality as learned Magistrate has failed to apply his mind while passing the order. He submitted that to constitute an offence of criminal breach of trust, entrustment or dominion over property said to be misappropriated or converted to own use is must, and since no property was entrusted or was under dominion of applicant, no offence under Section 406 IPC can be said to have been made out against him. Applicant had no concern with locker in any manner nor he operated the same. He has been implicated on account of being maternal uncle of Smt. Pulkit Sahney, a co-accused. The locker which was allegedly operated upon by Smt. Pulkit Sahney was in the joint name of her and opposite party no. 2.;