N.N. Mathur, J. - (1.) By way of instant petition u/s. 482 of the Code of Criminal Procedure, the petitioner seeks to quash the order of the Additional Sessions Judge No. 2, Bikaner dated 24.1.2002 confirming the order of the Additional Chief Judicial Magistrate No. 3, Bikaner framing charge against the petitioner for offence u/ss. 454, 380 & 427 IPC.
(2.) A complaint was lodged against the petitioner alleging therein that he forcibly entered in the premises of the complainant and committed the theft of some house-hold articles. The police on investigation, found that accused was in the possession of the subject premises as a tenant, as such, there was no case of trespassing and theft. However, the learned Magistrate refused to accept the Final Report and took cognizance against the petitioner for offence u/ss. 454, 380 & 427 IPC.
(3.) The learned revisional Court has tacitly accepted that the premises in dispute was in the possession of Rabiya. It has been accepted by both the Courts below that complainant has failed to show his possession over the land. In view of this, there is absolutely nothing on the basis of which the petitioner can be tried for the offence u/s. 380 IPC. No useful purpose is going to be served by continuing the proceedings against the petitioner for offence u/ss. 454, 380 & 427 IPC.;