PATEL CHINMAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under Sec. 482 of the Criminal Procedure Code, 1973 the applicant has prayed for the following reliefs :-

(2.) The facts briefly stated that the respondent No.2 - original complainant viz. Patel Rameshbhai Nathalal lodged complaint against the present applicant with Visnagar Taluka Police Station, Mehsana being F.I.R. bearing No. I-C.R. No. 116/14 for the offence punishable U/s. 376, 363, 366 of I.P.C . and U/s. 4, 8, 16 of POCSO Act. As per the complaint, on the date of incident i.e. 17/10/2014 the complainant received a call from his wife Manjulaben saying that their daughter Rutva aged 17 years had gone to school at Visnagar and had not returned home. Search came to be initiated, however the daughter was not found. Thereafter the complainant came to know that the applicant had taken away his minor daughter from his legal guardianship and same resulted into filing of the impugned FIR.

(3.) The aforesaid FIR culminated into the charge-sheet and which has resulted in POCSO case before the Special Court, Mehsana. Being aggrieved by the aforesaid, the applicant herein approached this Court seeking the relief as stated above.