JODH SINGH AND ANR. Vs. SATYA NARAYAN RASTOGI

JUDGEMENT

(1.) BY way of this Criminal Miscellaneous Application, the powers of this Court have been sought to be invoked for setting aside the order of cognizance dated 5.12.2008, passed by the Judicial Magistrate, Haridwar in Criminal Complaint Case No. 619/2008, Satya Narayan v. Jodh Singh and Ors., whereby the accused Jodh Singh, Smt. Amarpal Kaur (wife of Jodh Singh), Vikram (son of Jodh Singh), Dhanji Gujrati, Smt. Narmada (wife of Dhanji), Naval Singh and Smt. Veervati (wife of Naval Singh) have been summoned to face the trial for the offence punishable under Section 364 Indian Penal Code. The applicants have also sought to set aside the order of the Additional Sessions Judge dated 13.10.2008, passed in Criminal Revision No. 68/2007, Satya Narayan Rastogi v. State & 7 others, whereby the revision was accepted and the learned Judicial Magistrate was directed to pass the orders afresh in the light of the observations manifested in his order. It has further been prayed to quash the order dated 24.2.2009, passed by the Sessions Judge, whereby the learned Sessions Judge has held that the revision against the order of cognizance dated 5.12.2008 is not maintainable in the light of the ratio pronounced by Hon'ble Apex Court in case of Subramanyam Setu Raman v. Maharastra State as well as in case of Adalat Prasad v. Roopalal Jindal.

(2.) FACTS , in brief, giving rise to this petition are that on 3.12.2002, one Ram Narayan, S/o Krishna Bihari Rastogi, R/o Haridwar city, left his house at about 12 noon for his shop, but neither he reached to the shop nor returned back to his home in the evening. A massive hunt was made to search his whereabouts but in vain. So the family members apprehended that Ram Narayan might have been abducted by the accused persons and he could have been assassinated thereafter. His missing report was lodged on 6.12.2002 with Kotwali Haridwar. The police also strived to search the whereabouts of the Ram Narayan, but he could not be traced out.

(3.) AFTER investigation, the police found that No. offence is made out against the accused persons and, accordingly, submitted Final Report on 26.10.2003, nay the report under Section 182 Code of Criminal Procedure against the complainant Satya Narayan for lodging the false report and setting the Government machinery in motion on that basis. The police also recommended for the expungement of the case itself from the police record.