MAFAT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal questions the correctness of the judgment and order dtd. 9/12/2020 passed by the High Court of Rajasthan, Bench at Jaipur in S.B. Criminal Misc. (Petition) No. 591 of 2020 whereby the High Court dismissed the petition under Sec. 482 of the Code of Criminal Procedure,1973 (In short CrPC) for quashing of First Information Report (In short FIR) No. 45 of 2005 dtd. 23/5/2005 registered with Police Station Phulera, District Jaipur under Ss. 363 and 366 IPC.

(3.) Relevant facts giving rise to this appeal are that one Prahalad Dan gave a written complaint stating that his minor daughter had been abducted by the appellant no.1 on 22/5/2005 at about 2.30PM. On the said complaint FIR No. 45 of 2005 was registered at Police Station Phulera, District Jaipur under Ss. 363 and 366 IPC. Investigation was commenced but the whereabouts of the missing girl could not be traced. Despite best efforts when the abducted girl and the accused could not be traced, the investigating officer, after recording the statements of the complainant and the others, submitted a chargesheet against the appellant no.1 under the aforesaid Ss. and, further, requested the court to initiate the proceedings under Sec. 299 CrPC.