RAJENDRAKUMAR @BHALABHAI PRABHATBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners - original accused nos.1 and 2 to quash and set aside the impugned Chargesheet No.102 of 2011 filed in the First Information Report being CR No.I-59 of 2011 registered with Chaklasi Police Station, District Kheda and also to quash and aside the said First Information Report being CR No.I-59 of 2011 registered with Chaklasi Police Station, District Kheda.

(2.) THAT the respondent No.2 original complainant has lodged the impugned First Information Report being CR No.I-50 of 2011 with the Chaklasi Police Station, District Kheda alleging inter-alia that the accused have taken away his daughter aged about 16 years on 23/4/2011. Thereafter the petitioners were arrested and the girl was produced and investigating officer submitted report before the learned Judicial Magistrate (First Class), Nadiad for addition of offence under section 376 of Indian Penal Code in the aforesaid First Information Report. THAT thereafter, after the investigation is concluded, the petitioners are chargesheeted for the offences punishable under sections 363, 366, 376 and 114 of Indian Penal Code. Being aggrieved by and dissatisfied with the same, the petitioners herein original accused have preferred the present petition under section 482 of the Code of Criminal Procedure.

(3.) MR.Dabhi, learned Additional Public Prosecutor has submitted that at the relevant time the age of the girl was 16 years. Therefore, it is requested to pass appropriate order considering the facts and circumstances of the case and the age of the girl.