LATA Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeks quashing of the FIR No. 362 of 2003 under Section 323/341/34 IPC registered at P.S. : Shalimar Bagh pending in the Court of the learned Metropolitan Magistrate (MM), Delhi.

(2.) ON 10th September 2008 counsel for Respondent No.2 had appeared and sought time to examine the case. However, none has appeared for Respondent at a subsequent hearing on 17th November 2008 or even today despite one pass over.

(3.) IT is submitted by Mr. Dinesh C. Mathur, the learned Senior Counsel for the petitioner that the allegations taken on the face of it do not make out a case under either Section 323 or 341 IPC. He submits that in any event offence under Section 323 IPC is non-cognizable and could not have been proceeded with pursuant to an FIR. As regards the offence under Section 341 he points out that even if facts stated in FIR are taken to be true, no case is made out of any illegal confinement of Respondent No.2 who in fact states that she thereafter proceeded home.