AVDHESH Vs. STATE OF UP

JUDGEMENT

(1.) Present Application under section 482 Cr.P.C has been preferred assailing the charge sheet dated 21.12.2018 filed in case crime No 346 of 2018 under section 381 IPC, PS Talbehat, District Lalitpur in the court of Chief Judicial Magistrate and also the order of cognizance dated 1.3.2019, whereby applicant has been summoned.

(2.) Heard Shri B.N.Singh, learned counsel for the Applicant, Shri Ranjeet Kumar, learned counsel for the Opp. Party No 2 and the Government advocate for Opp. Party No 1 and perused the record. The Application is decided with the consent of Advocates appearing on behalf of the parties finally at the stage of admission itself.

(3.) To go over the facts briefly, Smt Neelam, Opp Party No 2 lodged a First Information Report registered at Case Crime No 346 of 2018 on 31.8.2018 at Police Station Talbehat, Distt Lalitpur, the contents of which were that she had opened a shop in the name and style "Kushwaha Bore Wales" at Laitpur for boring machine. Applicant Avadesh and Dinesh were employed to look after the shop and machine. On 29.8.2018 when the complainant (Opp Party No 2) came to her office, boring machine was found missing. After assiduous efforts, it was revealed that these persons had stolen the machines during night.