Abhai Kumar, J. - (1.) Heard Sri Anil Kumar Bajpai and Sri Tanmay Agarwal, learned counsel for the applicant, Sri Rajneesh Dubey, learned counsel for the opposite party no.2 and perused the record.
(2.) This petition under Section 482 Cr.P.C. has been filed with the prayer to allow this petition and quash the entire proceeding of Criminal Case No.186 of 2009 arising out of Complaint Case No.1735 of 2008 (Tarkeshwar Singh vs. Manish Goel), under Section 406 I.P.C., Police Station Kotwali, District Azamgarh pending in the Court of Additional Chief Judicial Magistrate, Court No.10, Azamgarh as well as to quash the impugned summoning order dated 15.9.2009 passed by learned Additional Chief Judicial Magistrate, Court No.10, Azamgarh.
(3.) Brief facts of the case are as follows: A complaint case was filed by opposite party no.2 against the applicant under Section 406 I.P.C. The statement of opposite party no.2 was recorded under Section 200 Cr.P.C., whereas the statement of witnesses were recorded under Section 202 Cr.P.C. and the trial court after finding prima facie case against the applicant, summoned the applicant under Section 406 I.P.C. for facing the trial. The ornament of opposite party no.2 was stolen from the shop of the applicant for which an FIR was also got registered by the applicant on 12.3.2006 regarding the incident which took place in the intervening night of 11.3.2006 wherein it has been specifically provided that ornaments of Tarkeshwar Singh amounting to Rs.20,000/- is being also stolen. It is admitted to the applicant that money is being kept with the mother of applicant (who is since dead) and at no point of time the applicant has denied keeping the ornament of opposite party no.2 .;