- (1.) BY way of filing the present revision petition, the petitioner has challenged the order dated 21. 6. 2003 passed by Addl. Civil Judge (J. D.)and Judicial Magistrate No. 5, Jodhpur, framing charge against the petitioner for offence under Section 406, I. P. C.
(2.) ACCORDING to the facts of the case, a complaint was filed at Police Station Mandore by one Yudhishter Singh against the present petitioner (wife of complainant)wherein it was alleged that marriage of complainant was solemnized with the petitioner on 10. 11. 1997 and thereafter on 3. 1. 1998, she left his house and did not come back and at the time of leaving his house, she took away ornaments with her. Upon this complaint, Police registered a case and after investigation, negative final report was filed by the police. Thereafter, protest petition was filed by the petitioner and statements of complainant, his mother, father and one Rajendra Gehlot mere recorded by the trial court and on that basis, cognizance for offence under Section 406, I. P. C. was taken by the trial court against the petitioner. Thereafter, on 21. 6. 2003, charge for offence under Section 406 , I. P. C. was framed against the petitioner.
(3.) IT is contended by learned counsel for the petitioner that totally false case was registered against the petitioner and from bare perusal of statement of PW-1 Yudhishter singh, PW-2 Prem Singh, PW-3 Bhagwati and PW-4 Rajendra, it is clear that no case for offence under Section 406, I. P. C. is made out against the petitioner. The main ingredient of entrustment for constituting offence under Section 406, I. P. C. is absent in this case. Learned counsel for the petitioner has invited the attention of this court towards definition of 'criminal breach of trust' as provided under Section 405, I. P. C. , which reads as under: "405. Criminal breach of trust-Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust". ";