My question is whether the case under section 406 ipc is made out in the following situation..
Criminal case was filed by complainant against the accused under section 406 claiming that her jewellery was lying in the bank locker under joint operation of complainant and accused.It was further stated that accused didnt return the jewellery back to her despite of request.It was further stated that all jewellery belongs to her and accused poses hurdles in a way by not allowing the access to the bank locker in view of key lying with him.Magestrate recorded the statement of the complainant and her witnesses on oath and returned the finding of not being satisfied with the statement of the complainant and her witness on oath.he directed for police investigation under section 202 crpc.it was stated in the police report that all the jewellery is lying in the bank locker with the key in the possesion of complainant and nothing has been misappropriated.Despite of the police report magestrate took the cognizance.Was magestrate legally justified to take the cognizance despite of police report nothing to justify any thing incriminating,,and magestrate not satisfied to issue any process against the accused prior to police investigation in his own contained order.Kindly clearify.
