SHITALBEN ALIAS ANITABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner-original accused no.2-Shitalben @ Anitaben w/o of Kiritbhai Shana to quash and set aside the impugned FIR being CR-I- No. 246 of 2010 registered with the Dabhoi Police Station, Vadodara (Rural) as well as charge sheet filed against the petitioner pursuant to the said FIR, for the offences punishable under Sections 363, 366 and 114 of Indian Penal Code.

(2.) THAT the FIR has been lodged against the petitioner and other persons before Dabhoi Police Station, Vadodara (Rural) being CR-I- No. 246 of 2010 by the respondent no.2 herein-original complainant for the offences punishable under Sections 363, 366 and 114 of Indian Penal Code alleging inter alia, that her daughter Riktaben aged 17 years and 11 months have been abducted / kidnapped by the original accused no.1 Pintoo Sureshbhai @ Pravinbhai Patel. Despite the above, petitioner and other accused persons came to be charge sheeted. Hence, the petitioner-original accused No.2 has preferred present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure as well as charge sheet filed against the petitioner for the offences punishable under Sections 363, 366 and 114 of the Indian Penal Code.

(3.) SHRI Dabhi, learned APP has appeared on behalf of the respondent State. He has also stated at the Bar under the instructions from the Investigating Officer that Investigating Officer has informed the original complainant in person to remain present before this Court still she has chosen to remain absent. He has requested to pass appropriate order considering the statement of the girl Riktaben recorded on dated 6.11.2010, xerox copy of which is produced on record.