MOHD. JUNAID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) An F.I.R. was registered by respondent no.2, being F.I.R. No. 34 of 2018, dtd. 18/4/2018, by naming the accused persons therein, as against whom the set of allegations were leveled, with regards to eloping with the sister of the complainant Miss Riya Bisht, the incident is said to have chanced, when she was on her way to attend her educational institution i.e. Graphic Era University, Bhimtal.

(2.) The incident has chanced on 18/4/2018, and ever since then the victim Riya Bisht@Shweta Bisht didn't return back to her residential home of parents. During the course of investigation, the name of the present applicants reveal that they were found to be instrumental in identifying the victim Miss Riya Bisht and Danish, when she was taken to Gaziabad against her will for getting the Nikahnama executed and later to get it registered and its at that stage, that the present applicant are said to have identified the two persons and consequently a charge-sheet was submitted against the present applicant being Charge-Sheet No. 51A of 2018, on 17/2/2019, wherein by the Investigating Officer, it was observed that during the course of the investigation Mahak Khan and Danish Khan, that the named accused persons in the F.I.R., had observed that the present applicants have conspired amongst each other, to take the victim Miss Shweta Bisht from Bhimtal to Delhi, and to get her marriage registered at Gaziabad. As a consequence thereto the Investigating Officer has observed that the offences under Ss. 366, 120-B, 420, 466, 467, 468, 469 and 471 of I.P.C. stood established as against the present applicants, being instrumental in facilitating the commission of offence.

(3.) On submissions of the charge-sheet, the cognizance have been taken by the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, by registering the Criminal Case No. 2091 of 2019 "State Vs. Junaid Khan and another", in which the summoning order has been issued on 10/5/2019. The aforesaid summoning order was put to challenge by the present applicant by filing the present C-482 application on 1/8/2019, and as per the order-sheet, ever since its institution on 2/8/2019, it was never argued and only instructions were directed to be called from the Government Advocate.