SHRI KANT TRIPATHI, J. - (1.) THE applicants Ram Chanda Balani and his son Shyam Balani have filed this application under section 482 Cr.P.C. for quashing the proceedings of the Criminal Case No. 399 of 2000 State vs. Ram Chanda Balani and another under section 380 IPC pending in the court of Ist Additional Chief Judicial Magistrate, Mathura along with the impugned order dated 6.11.2004 and charge sheets dated 25.4.2000 and 5.7.2000.
(2.) NEITHER the opposite party no.1 nor the opposite party no.2 (the complainant) filed any counter affidavit. I have heard the learned counsel for the applicants, the learned AGA for the State and also the learned counsel for the opposite party no.2 and perused the record.
(3.) IT is alleged that the marriage of the applicant no.2 Shyam Balani, son of the applicant no.1, was to take place on 5.5.1997. The applicants had gone to the house of the opposite party no.2 Gurudeo Sharma on 1.4.1997 at about 10.00 AM to invite him for the marriage. At that time the opposite party no.2 was not present in his house but his servant Mohan Singh Yadav (informant) was present, who entertained the applicants in the house of the opposite party no.2 and went to the market to bring refreshment etc. for them. When the servant Mohan Singh Yadav returned, he found that the applicants were not in the house and had already gone and the attachi kept in an almirah was found in open condition and the cash amount of Rs.12,000/- kept by the opposite party no.2 was missing from the attachi. It is alleged that the applicants have committed theft of the cash amount of Rs. 12,000/- by entering into the house of the opposite party no.2. Accordingly the servant of the opposite party no.2 lodged FIR at the concerned police station. The police registered the case for investigation and on completion of investigation submitted a final report by holding that no case was made out against the applicants. The final report was, then, referred to the Senior Prosecuting Officer, Mathura for opinion, who had kept the matter pending with him for about three years and then returned the case to the investigating officer for filing charge sheet against the applicants. Accordingly the investigating officer submitted charge sheet against the applicants in the court concerned and the final report already submitted was recalled.;