ASHOK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Revision under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order dated 02.03.2019 passed by the learned First Additional Sessions Judge, Dehradun in Session Trial No.124 of 2018 titled as State vs. Ashok Kumar, whereby, the learned Trial Court has rejected the application for discharge.

(2.) Facts leading to the present case are that the First Information Report was lodged against Ajay Malik, Mohar Ram, Subhash & Shambhu Nath Prasad on 30.03.2017 in Case Crime No.94/17, State vs. Sambhu Prasad and three others, under Sections 343 & 370 IPC at Thana Raipur, District Dehradun, with the assertion that the complainant is the resident of Village Turialga, Thana Pharsavahar, District Jaspur, Chhattisgarh. Her neighbourer Subhash and Mohar Ram brought to her in Delhi in the year 2009 for providing employment to her. Thereafter, they handed over the complainant to one Sambhu Prasad whose office was situated at Shakurpur (Delhi) near Britania Chawk, who forcibly sent her for household works in different places, but did not pay single penny to her. On demand of money, he committed mar-peet with her. On 16.10.2016, he handed over her to one Ajay Malik. She was dropped in the house of Ajay Malik by two persons belonging to Shambhu. In the house of Ajay Malik, his wife and two children used to reside. They took forcibly household works from her. When she requests that she may be permitted to go her house then Ajay Malik did mar-peet with her and states that she has been purchased from Shambhu. On last Sunday, about one week ago, Ajay Malik locked her in the house. A key of the house is with the friend of Ashok Kumar. He everyday had come to give water but again he kept lock her. Ajay Malik had given a mobile to her and called her on the mobile. When she was inside the house then she made a call to the police by dialing 100 number then police reached there and the lock was open and she was brought to the Police Station. The statement of the complainant was recorded by the Judicial Magistrate, Ist Class, Dehradun on 30.03.2017. In her statement recorded under Section 164 of Cr.P.C., she did not make any allegations against the present applicant. The Investigating Officer submitted the charge-sheet against one Shambhu Nath Prasad. The Special Judge took cognizance in the matter on 12.07.2016. The supplementary charge-sheet was submitted on 31.10.2017 against Ajay Malik, Mohar Ram & Subhash Kumar.

(3.) The learned Chief Judicial Magistrate took cognizance against the accused persons for the offences punishable under Sections 343, 370, 376 & 120B of IPC. The Investigating Officer submitted the supplementary charge-sheet against the revisionist for the offences punishable under Sections 343 and 120(B) of IPC. The revisionist moved an application saying that he was working as Scientist in the Department of Defence, Dehradun. He was on his duty on 26.03.2017. At about 8:00 A.M., his neighbour Ajay Malik called him that he is out of the station for some personal work and the key of his house is with the security guard Anil Kumar who will hand over the key to him. On 26.03.2017, the key was handed over by Anil Kumar to him. On 29.03.2017 at about 3:00 P.M. when he was on his duty, Ajay Malik called him that the police has reached to his house. Therefore, he may open the lock then he went to his house and open the lock of his house as per the direction of Ajay Malik. The maid servant of Ajay Malik was in the house. In the presence of police, police asked her where she resides and slips then the maid servant took the police with her to the servant quarter which have two rooms, one room opened from one entry from the outside and another entry from the gallery of Ajay Malik's house. Thereafter, the maid servant of Ajay Malik was taken by the police and also taken the key of Ajay Malik's house.