MANINDER KAUR Vs. RAJINDER SINGH

JUDGEMENT

(1.) Special leave granted.

(2.) This is an appeal against an order of a learned Single Judge of the punjab and Haryana High court dated 22/03/1991 passed in Criminal Miscellaneous No. 14319 of 1991.

(3.) The appellant filed a complaint against the accused respondents and two others for offences under S. 363, 366, 376 and 368 read with S. 34 of the Indian Penal 'code before a Judicial Magistrate I class, Hoshiarpur. In support of her complaint the appellant, besidesherself, examined her father Kartar Singh and a neighbour Dasondhi ram as witnesses. The learned Magistrate issued process against the accused-respondents for he was of the opinion that there was sufficient ground for proceeding. The two others afore-referred to could not be served and were proclaimed absconders. Statedly they came from the state of Uttar Pradesh and their whereabouts were not known. The accused respondents, however, were served. Instead of facing the enquiry at the pre-charge stage, they straightaway moved the High court invoking its powers under S. 482 of the Criminal Procedure Code alleging that the complaint filed against them was false, that the prosecutrix had made a statement before a Magistrate under S. 164 of the Code of Criminal Procedure during investigation in which she had named those two absconders, Karan and Badama besides one Chhotu as the culprits belying the culpability of the accused respondents. Otherwise as well some probabilities stately of an inherent nature were pressed into service to disbelieve the word of the appellant, which appealed to the High court and the complaint was quashed. Thus this appeal.